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."

Mirasolo was granted legal custody by a Sanilac County judge after the mother sought financial assistance from the state. The woman's attorney, Rebecca Kiessling, said Sanilac County Assistant Prosecutor Eric Scott filed a motion to establish paternity and collect child support. 

"And he claims my client agreed to it and even claimed she signed judgment, and I'm like, 'No, she didn't. I have it right here," said Kiessling. 

The young mother never thought she would end up in this situation. 

"Everyone told me it wouldn't happen or go through, but here we are and it's happening," the mother said. 

Officials from Sanilac County now say the case never should have made it this far. They say they support the appropriate resolution on this case. 

"Hopefully other rape victims who experience the same thing will hear word of this, and also judges will learn that they can't be doing this sort of thing and will be held accountable," said Kiessling. 

Judge orders stay on ruling

On Oct. 10, both the judge and Sanilac County Prosecutor James Young walked back their positions.

"The order awarded the mother sole physical custody of the minor child," Young said in a statement. "The order is clear in that if the mother does not want the father to have visitation, she does not have to provide it."

Kiessling said the prosecutor apparently doesn't understand what the order said.

"The prosecutor issued a statement trying to make it sound like it was no big deal," Kiessling said. "It is a big deal, and I was so pleased the judge recognized that."

The order has been stayed pending a hearing on Tuesday. It appears the judge might not have been given pertinent information by the prosecutor.

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