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How could a convicted rapist be awarded joint custody of victim's child?

Posted at 2:36 PM, Oct 10, 2017
and last updated 2017-10-11 06:46:41-04

It is a case that is getting worldwide attention: a judge granting visitation to a convicted rapist to visit the son born from the rape. But there is more to it.

According to court documents released by state court administrators, a judge in Sanilac County, Michigan was not informed when he signed a consent order with both the mother and the father.

First some background. Court documents say the child was born out of wedlock. 

What they don’t say is the mother was raped when she was 12-years-old, back in September of 2008. A baby boy was born on June 10, 2009.

The biological father, Christopher Mirasolo, was allowed to plead guilty to a reduced charges, did time in the county jail and was released. 

This is posted for public view on the Michigan Offender Tracking system. 

Mirosolo was convicted of rape again and was sentenced 5 to 15 years. He was paroled in July of last year.

Sanilac County Judge Gregory Ross signed a Consent Judgment on September 22 of this year that the father agreed to pay child support. The amount is $316 a month plus $30 for health care expenses.

The court documents also stated standard language that parenting time shall be as the parties agree. If they are unable to agree either party may file a motion.

State officials told Detroit-based WXYZ the rapist never asked to visit his son.

In a news release from the Sanilac County Prosecutor James Young, he points out the mother did not have to provide visitation.

The bottom line here is the judge signed a consent order without knowing the child was born from a rape. Tuesday he signed an order to stop everything in the case until a hearing in his court next week.

State officials also told WXYZ the Sanilac County Prosecutor’s Office had a duty to inform the judge the background. 

The prosecutor has not returned a call seeking comment.