Prosecutor: Mother's request for welfare sparks rapist custody case
The mother of an 8-year-old boy conceived through rape had requested welfare, sparking the state to pursue child support from the boy's father.
The woman then had to go to the Sanilac County Prosecutor's Office to file a paternity complaint, leading to the order granting the man who raped her parental rights.
"This young woman came to the Sanilac County Prosecutor's Office and completed and signed a paternity questionnaire in which she disclosed the alleged father's name and address. She further signed an agreement to cooperate with pursuing paternity and signed a statement authorizing the disclosure of her address," a statement from the Sanilac County Prosecutor reads.
The signed complaint against Christopher Mirasolo is dated July 28.
Judge Gregory Ross signed a paternity order Sept. 22 naming Mirasolo as the boy's father, ordering him to pay child support and granting him joint custody and parenting time.
"While the mother did request that the father not receive visitation, the order stated:
'Parenting time shall be as the parties agree. If they are unable to agree, either party may file a motion," according to the prosecutor's statement.
The story went viral over the weekend. Rochester Hills lawyer Rebecca Kiessling, who is also an activist and co-founder of the group Hope After Rape Conception, said the prosecutor should not have been involved in custody or parenting issues.
Tuesday morning an order was signed staying the order and a hearing will be held at 1:30 p.m. Oct. 17. The Sanilac prosecutor's office said it is reviewing its handling of paternity complaints.
Mirasolo's lawyer, Barbara Yockey, said she does not believe the hearing will be needed as they are working out the details privately. She said her client is not seeking visitation or custody.
The Times Herald does not name victims of sexual assault.
"Under federal law, the department (of health and human services) is required to establish paternity and pursue a child support order from the court, unless there is a determination of good cause not to pursue child support," Bob Wheaton, Michigan DHHS public information officer said in an email. "The department would need to be notified by the custodial parent of any reason to determine good cause not to pursue a child support order."
According to a handbook for parents regarding child support, "You are eligible to claim good cause for not cooperating to get child support when there is danger of physical or emotional harm to you or your child."
Kiessling said the woman was asked to fill out a survey that did not include anywhere to put down her concerns.
The order, which is now stayed, requires Mirasolo to pay $346 a month in child support and maintain health-care coverage.
According to the order, the woman shall have physical custody of the boy and the "parties shall have joint legal custody until further order of the Court." It also states "Parenting time shall be as the parties agree. If they are unable to agree, either party may file a motion."
Mirasolo pleaded guilty to attempted third-degree criminal sexual conduct in the Sept. 6, 2008, assault of the woman, who was 12 at the time.
He was discharged from the department of corrections on Dec. 20, 2010.
Mirasolo pleaded no contest to third- and fourth-degree criminal sexual conduct in a March 29, 2010, incident involving a 15-year-old girl.
Contact Liz Shepard at (810) 989-6273 or lshepard@gannett.com. Follow her on Twitter @lvshepard.