Terminal illness makes you an unfit parent...The Alaina Giordano Case

I am pretty pissed off this morning. I like Mike Galanos of Headline News on my Facebook Page and one of the stories highlighted on his feed is the case of Alaina Giordano. She is a single mom of two who was diagnosed with Stage 4 breast cancer. She divorced her husband  a year or so ago, he moved to Chicago. She stayed in Durham, North Carolina where she is receiving treatment at Duke for her illness. The female judge cited the fact that her terminal illness was a deciding factor in giving custody to the children's father. As Alaina Giordano herself said on a recent interview, none of us knows when we are going to die. The judge also cited that she was unemployed, shes been making it financially so far so thats just a buncha caca. My issue is that she left her husband because he was abusive...don't know all of the details but she was diagnosed prior to her divorce. Is he really the fit parent of the two? He has a job, that is not going to make him a better parent...the judge even said it would be easier for her to move to Chicago..what an asinine comment!
If her ex had any concern for his kids he would not be dragging their mother through court at a time like this and instead think of their  mental well being. Its devastating enough to know that your mother is going to die from a disease like Cancer, let alone to know that you may not be there to make those memories that would keep her alive in you. Her children are quite young 11, and almost 6, impressionable and so needing their Mom at this age. I would wish that he move to where she lives, that he have the compassion to think of the mother of his children as someone he once loved. Together they could work on the future of their kids, that he allow them this time with her no matter how long, 5 months or 20 years. After all they, the kids, are what is important here.
If this ruling is allowed to stand think of the precedent it would set, that a parent with a terminal illness, cancer, AIDS, or worse yet degenerative diseases like MS and or Parkinson's could risk losing the custody of their children.What do you think?