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Last week, we reported that Christopher Mirasolo was granted joint-custody of the child his 12-year-old victim had. According to Detroit News, the judge was not aware of the backstory behind the case and has issued a stay of his own ruling, calling for a special hearing on the matter.
Before we get too upset with the judge for negligence, we should consider that it was the duty of the prosecutors who brought the case to court to inform the judge of the circumstances surrounding the custody “battle.” Moreover, we need to reflect on a system that pushes such cases forward when the mother was simply seeking child support and the father was not seeking custody. Why are judgments made on behalf of the state that affect the lives of everyone involved when neither party was seeking the end result?
It’s easy for us to condemn the judge for not asking enough questions, the prosecutors for not presenting the whole story, or the system for being so broken. What’s harder is coming up with solutions for a justice system that is overburdened and undermanned, one that routinely lets criminals off the hook while keeping the innocent behind bars. The good news is that based upon the media highlighting this case and bringing it all to the attention of the judge, this should all end up as it should if the mother is able to get the support she deserves.
Source: Detroit News
Custody case judge says unaware dad was sex offender
Sanilac Probate Judge Gregory Ross has been widely criticized following news reports of last month’s action and faces petitions seeking to overturn his ruling and recall him from office. But according to John Nevin, a spokesman for the state office that oversees courts across Michigan, it was the responsibility of the prosecutor’s office to make sure Ross knew of complications in the case, including that the 8-year-old’s birth resulted from a sexual assault, before bringing a custody consent matter before him.
“There might have not been concerns because she (victim) had consented to a paternity questionnaire and named him as the father,” Nevin said Wednesday. “If no one is questioning who the parents are, then there may not have been concerns that anything was in dispute.
“But (the prosecutor’s office) absolutely had an obligation to provide the judge with information about the father’s convictions, no question,” said Nevin, who said he has talked with Ross.
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