Crime Judge halts order giving rapist joint custody of child

06:47  11 october  2017
06:47  11 october  2017 Source:   USA TODAY SPORTS

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A Michigan judge granted joint legal custody of a child to the man who reportedly raped the child 's mother nine years ago. Who is the rapist ? Mirasolo was arrested a month after the attack, according to the Detroit News. He was given a plea deal for attempted third-degree criminal sexual conduct.

Well, despite the fact that Mirasolo is the victim’s rapist , Sanilac County Circuit Judge Gregory S. Ross gave him joint custody of child , ordered the victim to move back to Michigan, and gave her address to Mirasolo.

Christopher Mirasolo, now 27, served less than a year in prison after getting a plea bargain on a rape charge in 2008. © Michigan Department of Corrections Christopher Mirasolo, now 27, served less than a year in prison after getting a plea bargain on a rape charge in 2008.

SANDUSKY, Mich. — A Michigan district court judge stayed his order Tuesday granting a rapist joint custody and parenting time as father of an 8-year-old boy after the judge learned details of the case.

The original problem? Apparently a standardized form, said Rebecca Kiessling of Rochester Hills, Mich., the lawyer for the boy's mother. Kiessling also is co-founder of the group Hope After Rape Conception.

The boy's mother had requested welfare benefits, according to a statement from the Sanilac County Prosecutor's Office. To qualify for payments, she had to file a paternity complaint with the prosecutor's office, which she did July 28.

Man Sexually Assaulted 12-Year-Old, Awarded Joint Custody of Their Son

  Man Sexually Assaulted 12-Year-Old, Awarded Joint Custody of Their Son In September 2008, Christopher Mirasolo, then 12, sexually assaulted a 12-year-old girl. Now, years later, even after pleading guilty to the crime, he has gotten joint custody of their son.“This is insane,” said the victim’s attorney Rebecca Kiessling. She said her client, now 21, was blindsided by a ruling from Sanilac County Judge Gregory Ross. The judge revealed the victim’s address to Mirasolo, and ruled that Mirasolo’s name be added to the birth certificate of the child, who is now 8. A DNA test established paternity. Kiessling said this was done without her client’s permission, or even a hearing.

The rapist doesn’t even appear to want joint custody of the child I guess what I’m confused about is that the story seems to be able a Michigan judge who ordered her to move back to Michigan. If it was a Florida judge who ordered her out of Florida the motive would be clearer.

Now, following the new court order , Mirasolo will have joint custody of the child conceived during his first offense. And in cases like these, seven states do not have laws protecting victims from custody battles while fewer than half block parental rights unless the rapist has been convicted.

"This young woman ... completed and signed a paternity questionnaire in which she disclosed the alleged father's name and address.," according to the county prosecutor's office. "She further signed an agreement to cooperate with pursuing paternity and signed a statement authorizing the disclosure of her address."

USA TODAY and the Times Herald do not identify victims of sexual assault.

Federal law requires state departments of health and human services to establish paternity and pursue a child-support order from a court, Bob Wheaton, the Michigan department's spokesman, wrote in email.

"The department would need to be notified by the custodial parent of any reason to determine good cause not to pursue a child support order," he wrote.

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To find out more about Facebook commenting please read the Conversation Guidelines and FAQs. Judge stays order giving rapist joint custody .

“This is insane,” Kiessling told The Detroit News of the decision to give Mirasola joint custody of the child fathered in the alleged assault. The judge ordered the woman and her son to return to Michigan so Mirasolo can develop a relationship with the boy.

But the form that the boy's mother was asked to fill out doesn't have anywhere to state her concerns, Kiessling said.

The county prosecutor's office is reviewing its handling of paternity complaints, officials said Tuesday.

The judge, Gregory Ross of 73A District Court that covers the county about 75 miles north of Detroit, scheduled a hearing for 1:30 p.m. Oct. 17 after halting his Sept. 22 order. That order also had required the father to pay $346 a month in child support and maintain health-care coverage, an amount likely determined by a state formula that includes parents' incomes and how much time a child spends with each parent.

Christopher Mirasolo, now 27, of Brown City, Mich., pleaded guilty to attempted third-degree criminal sexual conduct in the Sept. 6, 2008, assault of the woman, who was 12 years old when he was 19.

Sanilac County released Mirasolo after 6½ months in jail. He also later pleaded no contest to third- and fourth-degree criminal sexual conduct in a March 29, 2010, incident involving a 15-year-old girl, serving four years in state prison for that crime, and is a registered sex offender.

Follow Liz Shepard on Twitter: @LVShepard

 

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