SANILAC COUNTY (WJRT) (10/17/2017) - A Sanilac County judge will consider removing parental rights from the father of a child conceived in a rape case.
Judge Gregory Ross last month granted the child's mother, who was 12 when the rape occurred in 2008, full physical custody and joint legal custody rights to 27-year-old Christopher Mirasolo during a hearing. DNA tests confirmed Mirasolo is the child's father.
The mother, now 21, was seeking public assistance for the child when the case started. In Michigan, joint legal custody enables both parents to share decision-making authority about a child's welfare.
However, Ross did not know Mirasolo had two criminal sexual conduct convictions, including one against the child's mother, according to a court spokesman.
During a hearing on Tuesday afternoon, attorneys for both sides will present arguments for and against terminating all of Mirasolo's parental rights.
The victim says Mirasolo held her and another girl against their will and raped her in 2008. Mirasolo's attorney has said it was a consensual relationship. Michigan law, however, considers an adult having sex with a minor as statutory rape.
Mirasolo only served six and half months in jail for the crime after pleading guilty to attempted third-degree criminal sexual conduct.
Watch for more coverage of Tuesday's hearing on ABC12 beginning at 5 p.m.