No, the mother lost custody unfairly because the judge based his decision on the fact she smokes and the father doesn't.
I'm a woman that has always supported the rights of fathers in divorce/custody battles........this is not one of them.
It is impossible to know whether all factors were "equal."
But if so, this could be a tipping point issue. And it probably will be from here on out.
I am really surprised. Since smoking is legal I just don't see where there is a legal leg to stand on here. They should share custody, period.