Sandusky, Michigan – A judge reversed his decision to grant a rapist joint custody of the child born from the crime.
Sanilac County Probate Judge Gregory Ross ruled Oct. 17 that 27-year-old Christopher Mirasolo should not have any custody or parenting time over the child conceived nine years ago when Mirasolo raped a 12-year-old girl.
The judge said it wasn’t until the mother’s attorney Rebecca Kiessling filed objections citing the rape that Ross found out about it.
Ross also said the Sanilac County Prosecutor’s Office never presented him with the information. Ross said the prosecutor’s office gave him a routine joint custody order consented to by both the mother and Mirasolo.
Sanilac County Prosecutor James Young said it was a "paternity case that went horribly wrong."
Young said the staff errors were due to changes made to sexual assault custody and paternity laws late in 2016.
Those changes allow for the mother to contest Mirasolo having any rights over the child, MLive reported.
“We should’ve caught it and we didn’t,” Young said in an interview after the ruling.
Young said his office compiled another paternity order and followed the judge's orders of not allowing Mirasolo custody or parenting time.
Mirasolo never requested custody over the child. The case began in July when the mother requested financial assistance from the state.
The Michigan Department of Health and Human Services said the because of that rape there was good cause for the mother and child to receive benefits without paternity action. Young said there was a miscommunication resulting in the prosecutor’s officer pursuing the case.
Young said his office is making changes so it doesn’t happen again. The child at the center of the controversy is 8-years-old and born when the mother was 12 and Mirasolo was 19.