A judge has revoked a court's decision to grant custody of a boy conceived by the rape of 12-year-old girl, to his father.
Christopher Mirasolo was granted access to the eight-year-old boy and given the current address of his victim, who is now 21-years-old.
The joint custody was granted by a judge in Sanilac County, Michigan without the knowledge of the boy’s mother.
He was was also unaware that Mirasolo was not actually seeking access to the child.
Probate Judge Gregory Ross set aside the ruling which he originally issued on 22 September, according to The Detroit News.
According to the victim and her attorney, Rebecca Kiessling, the custody was given after the victim filled out a questionnaire seeking reimbursement of child support.
The woman identified Mirasolo as the child’s birth father which resulted in the prosecutor’s office filing for a DNA test on his behalf to confirm paternity.
The victim, who was assaulted in September 2008, said she was never consulted regarding joint custody.
County Prosecutor James V Young said his office will conduct an internal review of its policies and procedures as to “how these matters are handled and will be making changes as deemed appropriate.”
Mirasolo did not initiate the custody action, which Young said stemmed from a questionnaire the victim answered in July.
She had received $260 a month in food stamps for three years and wished for this to continue.
“While the mother did request that the father not receive visitation the (court) order stated: ‘Parenting time shall be as the parties agree. If they are unable to agree, either party may file a motion,’” the prosecutor said in his statement.
He added: “The order is clear that, if the mother does not want the father to have visitation, she does not have to provide it.
Young said that Mirasolo has agreed to pay child support but is “waiving all other rights to the child”.
Ms Kiessling said Mirarsolo of Brown City forcibly raped and threatened to kill her client in September 2008, when she was 12-years-old.
He was later found guilty of third-degree criminal sexual conduct and sentenced to one year in jail. But he only served six-and-half-months.
In March 2010, Mirasolo committed another offence against a victim aged between 13 and 15 years old. He served four years in prison for that offence.