A convicted sex offender in Michigan has been granted joint custody of an 8-year-old boy conceived when the man allegedly raped the child’s mother when she was only 12 years old.
Christopher Mirasolo, 27, was awarded joint legal custody by Judge Gregory S. Ross after DNA testing established he was the biological father of the little boy, the child’s mother’s attorney, Rebecca Kiessling told The Detroit News.
Kiessling is seeking protection for her client and her child under the federal Rape Survivor Child Custody Act. A hearing is scheduled for Oct. 25.
“This is insane,” Kiessling, who filed objections Friday with Ross, told The Detroit News. “Nothing has been right about this since it was originally investigated. He was never properly charged and should still be sitting behind bars somewhere, but the system is victimizing my client, who was a child herself when this all happened.”
The woman, who is now 21, said Mirasolo forcibly raped and threatened to kill her nine years ago.
When she was 12 years old, Kiessling’s client, her 13-year-old sister and friend snuck out one night to meet a boy in September 2008, Kiessling told the paper.
The boy’s older friend, Mirasolo, allegedly showed up and asked if they wanted to go for a ride.
When they said yes, he allegedly threw away their cell phones and eventually drove to a vacant home, where he held them captive for two days, Kiessling said.
Mirasolo, who was 18, allegedly threatened to kill the girls if they told anyone what happened, but he was arrested a month later when the 12-year-old girl realized she was pregnant, her attorney said.
He was reportedly given a plea deal by the Sanilac County Prosecutor’s Office for attempted third-degree criminal sexual assault.
He served six and a half months of a year-long sentence before being released early to take care of his sick mother, Kiessling said.
In March 2010, Mirasolo was arrested for committing a sex assault on a victim between the ages of 13 and 15 years old. He served four years for that offense.
Both offenses are noted on Mirasolo’s listing on the public sex offender registry.
Mirasolo’s attorney Barbara Yockey told The Detroit News that he didn’t initiate court proceedings and she was unsure if he planned to pursue a relationship with the child.
“Chris was notified of the paternity matter and an order of filiation was issued last month by the court saying he had joint legal custody and reasonable visitation privileges,” Yockey said.
The court’s decision was made after the county surveyed the little boy’s mother regarding child support she had received this past year, Kiessling said.
In court, Judge Ross reportedly disclosed the child’s mother’s address to Mirasolo and ordered Mirasolo’s name be added to the child’s birth certificate.
Kiessling said her client never gave consent to the disclosure or amending of her son’s birth certificate.
She also said her client was told she would need the court’s permission to move more than 100 miles from where she had been living when the case was filed.
“So the prosecutor told her she had to come home immediately or she would be held in contempt of court,” Kiessling said.
Kiessling’s client spoke briefly to the paper, saying: “I think this is all crazy. [Officials] never explained anything to me.”
She said she received about $260 a month in food stamps and health insurance for her son.
“I guess they were trying to see how to get some of the money back,” she said.