She must share child custody with her accused rapist, a judge ruled. Then he changed his mind.
A Michigan judge on Tuesday stayed his controversial order that would have allowed an accused rapist joint custody of the child that was conceived during the alleged crime.
Judge Gregory Ross of the 72A District Court issued the stay after learning the details of the case, according to WUSA9.
According to court documents filed by her lawyer, the mother of the child, now 8, was raped when she was 12 years old by Chris Mirasolo, who was 19 at the time. He threatened to kill her if she told anyone. When she became pregnant, he was arrested for attempted criminal sexual conduct in the first degree but pled guilty to a reduced charge of attempted rape. He served 6.5 months in jail.
“This court granted joint legal custody and parenting time to a convicted sex offender who, according to the state legislature, should still be in prison throughout the duration of the minor child’s childhood,” say court documents filed by the mother’s lawyer.
The court order to establish parentage “is to have a finding of paternity, provide for the support of the child, and provide for the payment of the necessary expenses connected to the mother's pregnancy and the birth of the child,” the legal complaint said. “But the initial decision “awarded joint legal custody, restricted the child’s domicile and residence, granted parenting time, disclosed Plaintiff’s address to Defendant, and ordered payment of a birth record fee (presumably to place Defendant’s name on the birth certificate) — all without Plaintiff’s consent or any opportunity to be heard.”
Michigan state law prevents courts from awarding custody to a biological parent that “committed acts of nonconsensual sexual penetration.” Such custody cannot be awarded without consent from the other parent.
According to WUSA9, Ross’s court order mandated the father to pay child support payments of $346 a month as well as helping cover the costs of health care for the child. Court documents say the mother has not received any financial support from the father since the child was born.
A special hearing will be held next week, according to the Detroit News.
This story was originally published October 10, 2017 at 8:57 PM with the headline "She must share child custody with her accused rapist, a judge ruled. Then he changed his mind.."