GUILTY MI - Accused rapist given joint custody of child he fathered with victim, Oct 2017

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Strangeworld

Strangeworld

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http://www.news.com.au/lifestyle/re...d/news-story/b7f84db5c445c1d4c41865af42503b83

What??? How has this happened???


AN ACCUSED rapist has been given joint custody of the child he allegedly fathered with a 12-year-old girl in the US.
Christopher Mirasolo, 27, allegedly kidnapped the girl and her sister nine years ago subjecting them to sexual assaults before threatening to kill them if they spoke out, The Sun reports.
Judge Gregory S. Ross granted Mirasolo joint custody of the eight-year-old boy in a Michigan court after a DNA test proved he was the father, The Detroit News reports.
The judge even revealed the victim’s home address to Mirasolo and ordered his name be added to the child’s birth certificate.
 
I don't understand the wording. How is it alleged if she was 12 at the time? Isn't that automatically statutory? He would have been 17, 18? How is alleged that he fathered a child, but then they're putting him on the birth certificate as a father?

All around gross.
 
it's being appealed per the link in the OP and other similar links. What TAF indeed. Speechless.
 
I came to see if WS had this story. Of course we did!

WTF is right!!

http://www.detroitnews.com/story/ne...ictim-attacker-joint-child-custody/106374256/

Christopher Mirasolo, 27, of Brown City was awarded joint legal custody by Judge Gregory S. Ross after DNA testing established paternity of the child, according to the victim’s attorney, Rebecca Kiessling, who is seeking protection under the federal Rape Survivor Child Custody Act. A hearing is scheduled for Oct. 25.
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...it was prompted after the county surveyed the victim regarding child support she had received this past year.
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According to Kiessling, Mirasolo forcibly raped and threatened to kill her client, now 21, nine years ago when the woman was 12. Mirasolo was 18 when the incident occurred in September 2008.
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While the assault potentially carried a penalty of life or any term of years but not less than 25 years, Mirasolo was given a plea deal by the Sanilac County Prosecutor’s Office for attempted third-degree criminal sexual conduct.

Mirasolo was sentenced to one year in the county jail but only served six and a half months before early release so he could care for his sick mother, Kiessling said.
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In March 2010, Mirasolo committed a sex assault on a victim between the ages of 13 and 15 years old. He served only four years for that second offense, Kiessling said.
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“Chris was notified of the paternity matter and an order of filiation was issued last month by the court saying he had joint legal custody and reasonable visitation privileges,” she said. “He never initiated this. It was something routinely done by the prosecutor’s office when a party makes application for state assistance.

“I don’t know what his plans or intentions might be regarding any future relationship with the child,” Yockey said. “This might be something we will have a conversation about, but he has not been served with any other court papers and is not scheduled to be in court.”
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All because she was receiving state assistance for her and her child. She wasn't asking for child support from him.

This judge needs to be removed from the bench!! When the legal system doesn't protect the victim, and actually puts the victim at risk, the judicial system is broken. This one really makes me angry!! What would happen if the child is abused?!!
 
Victim was 12 at the time of conception. Victim alleges she was kidnapped and raped. Even if one doesn't believe that, victim was still well below the age of consent. So this is beyond messed up.
 
I know of a similar ongoing case that is so frustrating and disgusting.

A woman that I know of, because I am friends with her sister, has a custody horror story much like this one.

She married a seemingly nice car mechanic when she was a single mom of 2 daughters, aged 9 and 11.

When her oldest girl was 12, her husband began molesting her, for 2 years. Finally when she was 14 she told a school counselor.

He went to jail for THREE years only...pathetic sentence, imo.

When he was released, on parole, he filed for joint custody of the little girl they had together. She was 5 when he was arrested. She was 9 when he filed for joint custody and had not seen her in 4 years.

The initial ruling was that he could see her in supervised visitation settings---and her mom filed emergency appeal---saying it caused emotional harm to the older sisters, to see their baby sister sent to visit their RAPIST.

Her lawyer was able to get a change of judges because her judge had said weird things about him being possibly innocent of the crimes he had done time for, and if supervised visits went well, the judge was going to consider giving the rapist joint custody because ' he never assaulted the little sister.' :mad:

It was disgusting to imagine that this poor mom was being asked to hand her youngest child to the same monster who had raped her eldest.

She was going to run but was given a change by the court, of a new judge. A woman thank goodness....so far he has been denied custody.
 
This world never ceases to amaze me beyond belief. This is absurd.

Not only does this victim have to live with the trauma of rape and being forced to have a child ripping her of her childhood, NOW she has to coordinate with her abuser for the rest of her life over her son.

Sometimes, there is no justice.

When will this world start taking SA cases more seriously?
 
This is just so wrong in so many ways I can't even post about it yet.

Sent from my HTCD100LVWPP using Tapatalk
 
This is absolute insanity! bold below is done by me.

http://www.detroitnews.com/story/ne...ictim-attacker-joint-child-custody/106374256/
[Sanilac County Circuit Judge Gregory S. Ross]
Ross disclosed the rape victim’s address to Mirasolo and ordered Mirasolo’s name to be added to the child’s birth certificate — all without the victim’s consent or a hearing, according to Kiessling.
“An assistant prosecutor on this, Eric Scott, told me she had granted her consent, which was a lie — she has never been asked to do this and certainly never signed anything,” Kiessling said.

Kiessling said her client was notified she was “not allowed to move 100 miles from where she had been living when the case was filed, without court consent.”
“So the prosecutor told her she had to come home immediately or she would be held in contempt of court,” Kiessling said.
That instruction, along with other matters ordered by the court, will be taken up at the hearing later this month.

Barbara Yockey, [rapist] Mirasolo’s attorney, said it’s unclear what her client’s future involvement — if any — will be with the child. She declined to discuss any of his past criminal cases.

————
https://patch.com/michigan/across-mi/rapist-gets-joint-custody-child-fathered-attack-michigan-judge

The judge granted Mirasolo joint legal custody and visitation after a DNA test established he had fathered the child. The DNA test was ordered after county officials in Florida, where the woman now lives with her eight-year-old son, surveyed family assistance recipients about what kind of child support they receive. The woman told The Detroit News she has been receiving about $260 a month in food stamps, as well as health insurance for her son.

Mirasolo initiated no actions to establish parentage, his attorney told The Detroit News, and it’s unclear if he will have any involvement with the child, the attorney said

Most states, including Michigan, have laws that void rapists’ parental rights.

Both the federal Justice for Victim of Trafficking and the Rape Survivor Child Custody acts have provisions that allow mothers of children conceived through rape to seek termination of their rapists’ parental rights.
A hearing on the judge’s order will be held Oct. 25 in Michigan.
 
Disgusting. No words.
 
Spellbound said:
This is absolute insanity! bold below is done by me.

http://www.detroitnews.com/story/ne...ictim-attacker-joint-child-custody/106374256/
[Sanilac County Circuit Judge Gregory S. Ross]
Ross disclosed the rape victim’s address to Mirasolo and ordered Mirasolo’s name to be added to the child’s birth certificate — all without the victim’s consent or a hearing, according to Kiessling.
“An assistant prosecutor on this, Eric Scott, told me she had granted her consent, which was a lie — she has never been asked to do this and certainly never signed anything,” Kiessling said.

Kiessling said her client was notified she was “not allowed to move 100 miles from where she had been living when the case was filed, without court consent.”
“So the prosecutor told her she had to come home immediately or she would be held in contempt of court,” Kiessling said.
That instruction, along with other matters ordered by the court, will be taken up at the hearing later this month.

Barbara Yockey, [rapist] Mirasolo’s attorney, said it’s unclear what her client’s future involvement — if any — will be with the child. She declined to discuss any of his past criminal cases.

————
https://patch.com/michigan/across-mi/rapist-gets-joint-custody-child-fathered-attack-michigan-judge

The judge granted Mirasolo joint legal custody and visitation after a DNA test established he had fathered the child. The DNA test was ordered after county officials in Florida, where the woman now lives with her eight-year-old son, surveyed family assistance recipients about what kind of child support they receive. The woman told The Detroit News she has been receiving about $260 a month in food stamps, as well as health insurance for her son.

Mirasolo initiated no actions to establish parentage, his attorney told The Detroit News, and it’s unclear if he will have any involvement with the child, the attorney said

Most states, including Michigan, have laws that void rapists’ parental rights.

Both the federal Justice for Victim of Trafficking and the Rape Survivor Child Custody acts have provisions that allow mothers of children conceived through rape to seek termination of their rapists’ parental rights.
A hearing on the judge’s order will be held Oct. 25 in Michigan.
Click to expand...

This judge needs to be removed from the bench and the county prosecutor fired, period. What was they trying to do? Play God? Trying to force the rapist on the family in order to avoid having the federal government (my tax dollars) pay for TANF for this child? Disgusting public officials with their right wing ideology. Sickening. I'm so tired of this kind of thing from these sexist radical types.

I'm going to contact this guy and tell him to resign.

https://www.sanilaccounty.net/publicpages/Entity.aspx?ID=132

As it turns out, the judge didn't need to pursue custody rights for the father in order to get him to pay child support.

According to Michigan law, the parent of a child can be forced to pay child support in these kinds of cases without being given any kind of custody of the child.

(2) Notwithstanding other provisions of this act, if a child custody dispute involves a child who is conceived as the result of acts for which 1 of the child's biological parents is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520e and 750.520g, or a substantially similar statute of another state or the federal government, or is found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration, the court shall not award custody to that biological parent. This subsection does not apply to a conviction under section 520d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d. This subsection does not apply if, after the date of the conviction, or the date of the finding in a fact-finding hearing described in this subsection, the biological parents cohabit and establish a mutual custodial environment for the child.

(3) An offending parent is not entitled to custody of a child described in subsection (2) without the consent of that child's other parent or guardian.

(4) Notwithstanding other provisions of this act, subsection (2) does not relieve an offending parent of any support or maintenance obligation to the child. The other parent or the guardian of the child may decline support or maintenance from the offending parent.
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BBM



http://www.legislature.mi.gov/(S(th...leg.aspx?page=getobject&objectname=mcl-722-25

ETA: This judge must be one of those idiots who thinks there is no such thing as rape.
 
And bio-dad never even asked for custody and visitations. It's all the state doing, apparently to save money victim is getting in assistance.
 
jjenny said:
And bio-dad never even asked for custody and visitations. It's all the state doing, apparently to save money victim is getting in assistance.
Click to expand...

That is just terrible. Her family ought to rally around her and help her so that she does not need state assistance. It is precious little anyway.
 
Gonna have to hold back on my comments on this one! They would definitely get me banned!!!!1
 
Custody case judge says unaware father was sex offender

Sandusky —**A Sanilac County judge who awarded joint custody to a twice-convicted rapist for a child born from a sexual assault was in the dark about the biological father’s criminal history, according to the state court administrator’s office.

Sanilac Probate Judge Gregory Ross has been widely criticized following news reports of last month’s action and faces petitions seeking to overturn his ruling and recall him from office. But according to John Nevin, a spokesman for the state office that oversees courts across Michigan, it was the responsibility of the prosecutor’s office to make Ross knew*of complications in the case, including that the 8-year-old's birth resulted from a sexual assault, before bringing a custody consent matter before him.

“There might have not been concerns because she (victim) had consented to a paternity questionnaire and named him as the father,” Nevin said Wednesday. “If no one is questioning who the parents are, then there may not have been concerns that anything was in dispute...

http://www.detroitnews.com/story/ne...10/11/sex-offender-parental-rights/106525152/
 
BetteDavisEyes said:
Custody case judge says unaware father was sex offender

Sandusky —**A Sanilac County judge who awarded joint custody to a twice-convicted rapist for a child born from a sexual assault was in the dark about the biological father’s criminal history, according to the state court administrator’s office.

Sanilac Probate Judge Gregory Ross has been widely criticized following news reports of last month’s action and faces petitions seeking to overturn his ruling and recall him from office. But according to John Nevin, a spokesman for the state office that oversees courts across Michigan, it was the responsibility of the prosecutor’s office to make Ross knew*of complications in the case, including that the 8-year-old's birth resulted from a sexual assault, before bringing a custody consent matter before him.

“There might have not been concerns because she (victim) had consented to a paternity questionnaire and named him as the father,” Nevin said Wednesday. “If no one is questioning who the parents are, then there may not have been concerns that anything was in dispute...

http://www.detroitnews.com/story/ne...10/11/sex-offender-parental-rights/106525152/
Click to expand...

What a horrible mess this one is. It seems to me the mother tried to be cooperative and did all she was asked or required, yet her life and rights are still being assaulted.

more from your linked article:

“She further signed an agreement to cooperate with pursuing paternity and signed a statement authorizing the disclosure of her address,” according to the release.
Mirasolo subsequently took a paternity test, which determined he was the biological father.
“She signed those statements under duress and fearing her assistance would be cut off,” said the woman’s attorney, Rebecca Kiessling. “But she never signed a form consenting to joint custody or even visitation by Mirasolo.
“That form was signed by Mirasolo, the Friend of the Court and the prosecutor’s office,” she said. “My client was never heard on the matter or consulted.”
Kiessling does not dispute that Ross may have been “blindsided” in the matter.
“I’ve felt that all along,” she said. “Judge Ross’s only error was that he should have seen the mother’s signature was not on the so-called consent to judgment.”


Mirasolo has declined to be interviewed and his attorney, Barbara Yockey, stressed he never initiated or sought parental rights of the boy. Yockey said she and Kiessling have been working on an agreement that could make a hearing set for Tuesday unnecessary.
The prosecutor’s office said in its release the case has prompted “an internal review of policies and procedures as to how these matters are handled and will be making changes as deemed appropriate.”
 
When I saw this story yesterday, I thought that something wasn't quite right. And I suspected that the reporter was not accurately reporting what had happened and why. The judge can only do what the law allows, and that is the case here. Even if the judge knew of the sexual assault matter, the biological father would still probably have to go on the birth certificate. But the real story is WHY this all got started to begin with. It wasn't the rapist that petitioned for paternity and custody. It was the state child support office that did. Any time you have the state supporting a single mother and child, they will look to find someone who should be on the hook. Sometimes they get overly zealous about it. They should have recognized what was going on here and stopped it. And primarily I place the blame on the prosecutor's office for failing to disclose this AND for getting such a poor conviction against this guy. Pathetic!
 
Reporting was accurate. Judge did grant a sex offender custody and visitation rights, that is not in dispute. Now, judge says he didn't know all the details, but reporter never claimed judge knew all the details. And by the way, all judge had to do is to look at the ages of the mother, child, and the sex offender, to figure out something wasn't right. Or did the judge not know even that? From the original reporting, it was clear to me that a prosecutor (state) were most at fault, because they were the ones bringing the case to court. Sex offender never asked for custody or visitations.
 
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