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[Frozenprince]

It's hard to tell for sure, but this excerpt from the original article:



Gives the impression the mother did not have an attorney present at the initial hearing and the Judge was misled by the prosecutor, into believing the mother had agreed to share custody. So, if I had to take a guess who is responsible for this, I'd guess the prosecutor identified above. He initiated the proceedings that led to this order without investigating any details and apparently misrepresented the mother's position. (At least, that's what it sounds like).

Spend a decade to become a lawyer only to fight for the rights for a rapist to have unlimited power over his victim.

Maybe some life choice to be re-evaluated.

 

[Angelus Errare]

Spend a decade to become a lawyer only to fight for the rights for a rapist to have unlimited power over his victim.

Maybe some life choice to be re-evaluated.

I'd rather be disbarred than take this case tbh.

 

[GraveRobberX]

So a sexual predator, can rape, that alone causes huge amount of suffrage for the victim

The "seed" is the power trip most these predators use for to gain a sense of power, some strong individuals overcome that obstacle and now can be punished for getting raped

What kind backwater justice system is this

This is like shit I hear in my Home country of Pakistan, like a girl gets raped by someone, so the higher ups of the town go, fuck it, go fuck his sister's!
Then it's just a complete shit show of mental gymnastics of how could you possibly think there any moral say for said predator(s)

So fucking infuriating!

 

[jacobeid]

But you don’t work for a court. Is it standard procedure for judges to go looking for facts or evidence that was never offered? Serious question. I don’t know how family court works.

I work very regularly with various county judge's offices in criminal matters that relate to an individual's professional license status in the state. Prior to that, I worked at a law firm that primarily dealt with family and domestic relations law. While never working directly for the court, I do enough work with the judge's office directly now that I know this shouldn't have happened.

This isn't the judge's fault, it's the fault of the staff in his office, whose job is to look for things exactly like this when preparing cases for the judge. Standard BCII/FBI background checks would show all of these hits, let alone the fact that they have entire access to the court system (including DMV, Jail records, etc.). There is no way this wasn't caught other than due to incompetence. Someone fucked up, but it wasn't the judge.

 

[Squirrel Killer]

Again I want to reiterate that I haven't read enough on this case to get a thorough understanding of it, however I did read 4-5 articles beyond just the OP. It's just that they're all too vague on the legal details to get a clear picture of what happened.

What is clear, however, is that according to the mother/victim's attorney, neither the mother/victim nor her attorney were consulted nor were they present in the courtroom for these proceedings. According to the rapists attorney, he did not initiate these proceedings, and he did not intend to exercise his "custody rights" even if the order had not been stayed.

 

[Bill R Boggess]

Welfare reform. Gotta make sure someone pays.

Shouldn't he be a sexual offender for life?

No, he raped a child.

He should be decomposing in a shallow grave.

What in the literal fuck?

 

[AndyD]

Welfare reform. Gotta make sure someone pays.

Yep, it's a requirement for welfare and sometimes it causes weird issues like this. It launches an auto pilot set of events to a certain extent and needs to be appealed or disputed to avoid these odd outcomes.

 

[FStubbs]

"I would like to apply for the snap program for me and my child"

"Where is the father in the situation"

"He Raped me and I now have a child because of it"

"Well, don't you think he should be apart of his child's life and decisions?"

America in a nutshell...

And yet legitimate fathers struggle to get custody and input into their child's lives while this waste of space (who I'm guessing did not do anytime due to privilege) gets to ruin this poor girl's life all over again.

 

[Gattsu25]

I saw an update on this, not sure if posted:

http://www.abajournal.com/news/arti...to_father_accused_of_raping_th#When:15:19:00Z

Seems the judge was unaware of the father's sex offender status and has stayed his ruling.

Motherfucker, this. Is. Your. Damned. Job.

 

[Spiritual_Chaos]

Why is America so fucking broken as a country.

Its like a buggy game without any patches being released.

 

[Deleted member 231381]

Motherfucker, this. Is. Your. Damned. Job.

It isn't. Judges can't possibly be expected to independently complete all of the case research necessary for every single case - it's not their duty to go talk to the police, the neighbours, the social workers, the family members, etc. In lower courts, judges can have to get through over a dozen cases a day, which would be simply impossible if you gave the responsibility of information-gathering to them. It would also be completely inappropriate, since it could bias their interpretation of more complicated cases.

It is the duty of the prosecution/applicant and the defendant/respondent to present the necessary information to the judge to get the judge to decide either way. In this article, it looks like the prosecution straight up misrepresented the nature of the case. That's not the judge's fault.

About three-quarters of the people in this thread don't know how the legal system works.

 

[Primethius]

Another update and some good news at that:
http://www.abajournal.com/news/article/judge_rescinds_order_giving_joint_custody_to_sex_offender_who_fathered_chil

Ross said he believed Mirasolo and the mother had agreed to joint legal custody based on a judgment submitted to him by the county prosecutor's office. The case was initiated after the mother sought state financial assistance for her son, now 8 years old.

Ross criticized the mother's lawyer, Rebecca Kiessling, saying she had turned the case into a ”media circus."

Sanilac County Prosecutor James Young told MLive.com that the situation was a ”paternity case that went horribly wrong." He said his office pursued the paternity case because of a miscommunication.

 

[The Faceless Master]

so basically, the judge got ambushed by a prosecutor looking to save the state money by getting child support from the father instead of coming outta pocket?

 

[Hero]

Another update and some good news at that:
http://www.abajournal.com/news/article/judge_rescinds_order_giving_joint_custody_to_sex_offender_who_fathered_chil

Ah, good on the judge for blaming the victim for going to the media when a terrible decision HE made impacted her and her son.

Fuck this guy.

 

[Primethius]

Ah, good on the judge for blaming the victim for going to the media when a terrible decision HE made impacted her and her son.

Fuck this guy.

He's not blaming the victim, he's blaming the victims lawyer. The primarily fault seems to be on the lawyers involved, who failed to represent the case properly to the judge.