Child custody to convicted rapist reversed by judge

- It is a story that made national headlines - a convicted pedophile was awarded partial custody of a child born after he raped a 12-year-old girl.

But on Tuesday came a ruling to rectify that.

"For the judge to make it sound like this is no big deal is not being honest," said Rebecca Kiessling, defense attorney.

Sanilac County Judge Gregory Ross Tuesday rescinded his order that gave convicted sex offender Christopher Mirasolo joint legal custody of a child born to a woman who says Mirasolo raped her when she was just 12 years old.

It is a controversial ruling that sparked confusion and outrage.

"He doesn't understand what I've been going through the last nine years," said Tiffany, the victim. "He was apologetic I guess I should say, but it wasn't sincere."

The case began when the 21-year-old mother started to seek state assistance which required a paternity test.

The test confirmed Mirasolo is the 8-year-old's father. Judge Ross then granted joint custody.

"You don't suddenly give equal decision making regarding a child to someone who is a stranger to that child," Kiessling said.

Ross quickly put the order on hold after learning Mirasolo has yet another previous criminal sexual conduct conviction. He also answered the question Tuesday, how does something like this happen in the first place?

"I did not know that the defendant had raped the plaintiff which resulted in the child being conceived," the judge said.

Judge Ross added that there wasn't anything unusual about the consent judgment that caused him to investigate further. Many placed blame on the prosecution.

"We have no knowledge of what the judge knew or didn't know," said Jim Young, Sanilac County prosecutor. "We certainly did not advise him because we ourselves, didn't catch the fact that there was a convicted rapist in a statutory procedure for which we did not follow."

Young acknowledged the mistake as Mirasolo is now, not only denied his parental rights but, is on the hook for child support.

"We may be back here soon with another motion," said Kiessling. "To make sure she gets the child support she deserves."

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