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

  • #21
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.
Under current law, it doesn't sound like the case needed to be brought to court. In cases of rape,the law currently allows the court to require the father to pay child support without going to court or involving the mother.

JMO, the judge and prosecutor may have known what they were doing, but they were ignorant of the law stating it wasn't necessary. Pls correct me if I'm wrong, but in these cases, the county collects the child support and credits it towards the public assistance the mother collects from the state/federal government. I could be wrong, but some of these counties are just pushing through as many of these cases as they can to generate revenue.
 
  • #22
Either judge and prosecutor know what they are doing, or they are ignorant of the law. How can it be both?
 
  • #23
http://www.detroitnews.com/story/ne...custody-second-victim-similarities/106482954/
A second victim [age 14 at that time; more from her in the article] of a man who was given joint custody of a child he conceived in rape says he should not be around children.
the woman [in this current situation], who identified herself as Tiffany on The Steve Gruber Show, which streams online at stevegruber.com. She said she was living in Florida and when she went to change her address was told there was a court order for her to return to Michigan.
“Part of me didn’t want to come back home because I was scared,” she said on the radio show. “I would’ve got contempt of court if I hadn’t shown. I would’ve been thrown in jail.”
Tiffany said she felt “so alone, by myself” over the last nine years since her assault.
“I didn’t talk about it, I tried to put it behind me, but that’s never possible. You never forget what happens.”


Tiffany said a judge decided to put the rapist’s name on her son’s birth certificate.
“(I’d been told), he’d have to fight for any kind of rights,” Tiffany said. “Then this judge just hands him these rights, like he deserves them.”
Her son, she said, wants nothing to do with the man.
The second victim said that in March 2010, she was taken to the same vacant Brown City house where the man had allegedly assaulted the other teen two years earlier, then finally taken to a Deckerville apartment where he threatened her with brass knuckles during a sexual assault.


Mirasolo has declined interview requests from The News. Barbara Yockey, his attorney, said Monday there have been “things happening” out of public view.
“We expect to resolve this in a couple days, likely by the end of this week,” Yockey said. “This is all something that should have happened privately and never been made public.”



This article says a tentative deal is being is being worked out (some details are not the same as other articles, such as the ages) (any Bold was done by me)
http://wjimam.com/michigan-rapist-custody-case-settled/
[FONT=&amp]Kiessling says she is hopeful the deal put forth will put the matter behind her client and keep other rape victims from being traumatized by reckless court rulings in the future. “We still need to iron out details,” Kiessling said and then added, “We won’t make a deal until we get everything we want. We have to make sure this can never be reversed.” Kiessling said her client is also demanding that every point of The Rape Survivor Child Custody Act is covered, including clear language that her client’s son was conceived by non-consensual penetration, that guarantees the rapist surrenders all rights to the child, his name is removed from the birth certificate, and all legal rights are permanently revoked.[/FONT][FONT=&amp]Kiessling, who was a child born of rape, says she cannot imagine being forced to deal with the rapist for any reason and made it perfectly clear that it’s all or nothing, “if we don’t get everything we want then we will go ahead with our hearing date which is set for October 25th,” she said.[/FONT]
[FONT=&amp]
[/FONT]


http://www.mlive.com/news/saginaw/i...n_custody_case_unaware.html#incart_river_home
Redacted Objections & Motion:
https://www.scribd.com/document/361...s-and-Motion-in-Joint-Custody-Case#from_embed

[FONT=&amp]Yockey previously said she has spoken with the Kiessling and expects to have the case resolved privately.[/FONT]

[FONT=&amp]On Tuesday, Oct. 11, [/FONT]Ross issued an order to suspend the ruling[FONT=&amp] until a hearing could be held on the objections and allegations brought by the mother's attorney, Rebecca Kiessling.
[/FONT]

[FONT=&amp]Under state law, the perpetrator is denied rights over any child born from a rape act.
[/FONT]

[FONT=&amp]Kiessling asked Ross to award the mother sole physical and legal custody of the child and remove any provisions related to joint custody, parenting time, home location and birth records.[/FONT]

[FONT=&amp]The objections are set for a hearing before Ross on Oct. 17.[/FONT]
 
  • #24
Prosecutor says rapist should not have gotten custody

The Sanilac County Prosecutor’s Office said Friday a twice-convicted rapist should never have been granted custody of a child born as a result of a sexual assault he committed nine years ago.

In a news release the office said, in part: “Our review indicates that this case should never have been sent to the Prosecutor’s Office because the (Michigan) Department of Health and Human Services was aware that this child was a product of a nonconsensual sexual act and they were fully aware the person responsible was Mr. Christopher Mirasolo.

“In fact the DHHS had granted a good cause exception allowing the mother and child to receive benefits without a paternity hearing. ... we regret the breakdown in communications ... and the handling of this sensitive case.” ...

http://www.detroitnews.com/story/ne...x-offender-custody-case-prosecutor/106590140/
 
  • #25
  • #26
So prosecutor's office is saying now that victim should have been allowed to receive benefits without a paternity hearing, yet the woman was apparently required to cooperate and according to her, she was told the assistance was going to be cut off if she didn't cooperate.

"The Sanilac County prosecutor's office said it prepared a standard order that is used in all paternity cases and that Tiffany was required to cooperate as a condition of receiving financial assistance."

https://www.cbsnews.com/news/victim-whose-rapist-granted-joint-custody-child-speaks-out/
 
  • #27
State: Don't give custody to convicted rapist

Michigan Attorney General Bill Schuette has successfully filed a*motion*to stop a convicted rapist from gaining*custody of an 8-year-old boy*conceived during the rape.

In court papers filed with the 24th Judicial Circuit Court in Sanilac County, the attorney general*asked Judge Gregory Ross to set aside a consent judgment of filiation.*

Filiation means being designated as the child of a person.

Ross had signed a paternity*order on Sept. 22 naming Christopher Mirasolo as the father of the boy. Mirasolo was ordered to pay child support and was granted joint custody and parenting time...

http://www.thetimesherald.com/story...dont-give-custody-convicted-rapist/761255001/
 
  • #28
So prosecutor's office is saying now that victim should have been allowed to receive benefits without a paternity hearing, yet the woman was apparently required to cooperate and according to her, she was told the assistance was going to be cut off if she didn't cooperate.

"The Sanilac County prosecutor's office said it prepared a standard order that is used in all paternity cases and that Tiffany was required to cooperate as a condition of receiving financial assistance."

https://www.cbsnews.com/news/victim-whose-rapist-granted-joint-custody-child-speaks-out/

That's just evil. Why would they deliberately violate the law that way? JMO, it sounds like the prosecutor and judge disagreed with the law (protecting children conceived by rape) and decided to ignore it. According to law, Tiffany was NOT required to cooperate.

Both should be removed from public office and reprimanded.


"I was kidnapped for two days. I didn't know if I was ever going to go home. He threatened to kill me and my best friend if we told anyone," she said.

Mirasolo was given a plea deal for attempted third-degree criminal sexual conduct and served six and a half months in county jail. He served jail time again after being convicted of raping another victim between the ages of 13 and 15 years old in 2010.

It's a miracle she survived. I still don't understand why this serial rapist and kidnapper got such a light sentence and is still walking around free to attack again.
 
  • #29
Mom asked judge to end rapist’s parental rights in ’08

Sandusky — The 12-year-old victim of a Sanilac County rapist informed the court she was pregnant and her mother requested the attacker’s parental rights be terminated as part of his sentence, according to letters released Monday.

The girl and her mother’s 2008 letters were written before Christopher Mirasolo was sentenced for attempted third-degree criminal sexual conduct for the attack in which the girl said she was raped and held captive for two days.

Their release came on the eve of a Tuesday court hearing before a Sanilac County judge who recently granted Mirasolo joint custody of the child conceived in the attack. He later put that order on hold pending the hearing...

http://www.detroitnews.com/story/ne.../sex-offender-custody-case-letters/106723778/
 
  • #30
Michigan sex offender custody controversy heads to court today
Hearing to be held for judge's ruling to allow convicted rapist joint custody


SANDUSKY, Mich. - The case has garnered a lot of attention and devastated a young mother who faces the possibility of sharing custody of her child with a man who sexually assaulted her.*

The mother said she was raped by Christopher Mirasolo when she was just 12 years old. She is now 21 and has an 8-year-old son.*

"He was conceived out of rape, but I don't look at that. He's my child. He's a part of me. Not a part of him," the woman said.*"I hope he never has any rights to him at all." ...

https://www.clickondetroit.com/news/michigan-sex-offender-custody-controversy-heads-to-court-today
 
  • #31
Hearing to determine if rapist gets custody set for today

A hearing to determine if a convicted rapist should be awarded custody of an 8-year-old boy conceived during the crime will be at 1:30 p.m. in Sanilac County Circuit Court in Sandusky.

A judge had*signed a paternity*order on Sept. 22 naming Christopher Mirasolo as the father of the boy. Mirasolo was ordered to pay child support and was granted joint custody and parenting time.

The Michigan Attorney General's office has asked the judge not to award custody to Mirasolo, and by the end of day Friday, the Sanilac County prosecutor's office announced it agreed that relief being sought by the mother should be granted...

http://www.thetimesherald.com/story...e-if-rapist-gets-custody-set-today/771220001/
 
  • #32
  • #33
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.



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.


Don't assume this is right wing ideology.
 
  • #34
I think someone who lives in the State where the Victim lives needs to start a petition through Change.org if you have it there ( which I'm sure you do because it's worldwide for the most part )
I can't do it as I'm in the UK

This may make people to sit up and listen x


Sent from my iPhone using Tapatalk
 
  • #35
I think someone who lives in the State where the Victim lives needs to start a petition through Change.org if you have it there ( which I'm sure you do because it's worldwide for the most part )
I can't do it as I'm in the UK

This may make people to sit up and listen x


Sent from my iPhone using Tapatalk

there is a petition there. Not sure if we can link it here, but look it up at their site under the judge’s name if you are so inclined.

Personally, I would not sign a petition until I know all the facts, as much as I totally disagree with all that has happened thus far. It may turn out it was not the judge who caused this fiasco.
 
  • #36
Judge takes away child custody from convicted rapist

Sandusky — A Sanilac County judge rescinded an*order Tuesday he gave last month*granting a convicted rapist partial custody*of a child conceived during his sexual assault of a 12-year-old girl in 2008.

Judge Gregory Ross scheduled the hearing last week after controversy erupted over his ruling that gave parental rights to Christopher Mirasolo, 27, of Brown City.

The victim informed the court she was pregnant and her mother requested that Mirasolo’s attacker’s parental rights be terminated as part of his sentence, according to letters released Monday.

The girl and her mother’s 2008 letters were written before Mirasolo was sentenced for attempted third-degree criminal sexual conduct for the attack, in which the girl said she was raped and held captive for two days...

http://www.detroitnews.com/story/ne.../sex-offender-custody-case-hearing/106736162/

What a cluster f***! Heads should roll...
 
  • #37
Rapist claims relationship with 12-year-old was 'romantic'

PORT HURON --*In a response to objections of his being awarded custody of his son, a convicted sex offender said his*relationship with the boy's mother when she was 12 was romantic.*

"The Defendant absolutely denies that he forcibly raped or threatened to kill the minor child's mother. In further response, the Defendant states that the Plaintiff became pregnant while the parties were in a romantic relationship that lasted several months. The relationship occurred when the Defendant was 18 years old and the Plaintiff was approximately five years younger than the Defendant," reads the response filed by Christopher Mirasolo's lawyer.*

The court filing continues that Mirasolo did not request custody or parenting time.
*
It reiterated in his response that the child was not conceived through rape...*

http://www.thetimesherald.com/story...-relationship-12-year-old-romantic/771758001/

:rolleyes:
 
  • #38
Judge rescinds order granting rapist custody

Judge Gregory Ross has ordered a rapist will not have custody or parental rights to the boy he fathered with a 12-year-old girl nine years ago.*

In a statement, Sanilac County Prosecutor James Young says he wants to "express our apologies for the manner in which this case was handled."

Ross had*signed a paternity*order on Sept. 22 naming Christopher Mirasolo as the father of the boy. Mirasolo was ordered to pay child support and was granted joint custody and parenting time...

http://www.thetimesherald.com/story...e-if-rapist-gets-custody-set-today/771220001/
 
  • #39
there is a petition there. Not sure if we can link it here, but look it up at their site under the judge’s name if you are so inclined.

Personally, I would not sign a petition until I know all the facts, as much as I totally disagree with all that has happened thus far. It may turn out it was not the judge who caused this fiasco.

Thank you
I agree In part that I wouldn't sign without knowing all the facts however the facts are out there on the public domain with it being subject to criminal proceedings and its not the judge per se that I would hold it against but a change in the legal system overall to protect victims

Thanks so much for the info


Sent from my iPhone using Tapatalk
 
  • #40
Rapist claims relationship with 12-year-old was 'romantic'

PORT HURON --*In a response to objections of his being awarded custody of his son, a convicted sex offender said his*relationship with the boy's mother when she was 12 was romantic.*

"The Defendant absolutely denies that he forcibly raped or threatened to kill the minor child's mother. In further response, the Defendant states that the Plaintiff became pregnant while the parties were in a romantic relationship that lasted several months. The relationship occurred when the Defendant was 18 years old and the Plaintiff was approximately five years younger than the Defendant," reads the response filed by Christopher Mirasolo's lawyer.*

The court filing continues that Mirasolo did not request custody or parenting time.
*
It reiterated in his response that the child was not conceived through rape...*

http://www.thetimesherald.com/story...-relationship-12-year-old-romantic/771758001/

:rolleyes:

This attorney tried to sell that BS? A 12 yr old cannot consent, you must know that, counselor....:mad:
 

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