Man convicted of raping 12-year-old given joint custody of their child

Last Updated Oct 11, 2017 9:05 AM EDT

DETROIT -- A Michigan judge has put an order on hold that granted a convicted sex offender joint legal custody of a child born to a woman who says she was raped by the man when she was 12.

Sanilac County Judge Gregory Ross issued the stay Tuesday. A hearing is set for Oct. 17.

That temporarily halted an order the judge issued earlier granting joint legal custody of the 9-year-old boy to registered sex offender Christopher Mirasolo, 27, CBS Detroit reports.

The victim's attorney Rebecca Kiessling told the Detroit News the custody decision was "insane."

"The judge also restricted the child's domicile and residence, disclosed the rape victim's home address to her rapist, and ordered his name on the birth certificate — all without the mother's consent or any opportunity to be heard," she said.

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Christopher Mirasolo 

Michigan Department of Corrections

Kiessling filed objections Friday with Ross. "Nothing has been right about this since it was originally investigated. He was never properly charged and should still be sitting behind bars somewhere, but the system is victimizing my client, who was a child herself when this all happened."

The judge disclosed the rape victim's address to Mirasolo and ordered Mirasolo's name to be added to the child's birth certificate — all without the victim's consent or a hearing, Kiessling told The Detroit News. Kiessling dispute that the victim had given consent to an assistant prosecutor.

Mirasolo, who is currently on parole through the Michigan Department of Corrections, has to register as a sex offender, stay 1,000 feet away from schools and child care centers, and be with a responsible adult if he's with a child under 17 — according to MDC's supervision conditions.

In 2008, Mirasolo accepted a plea deal and served less than a year on charges of third-degree criminal sexual assault (a conviction on the charge would have meant spending 25 years to life in prison) in connection with rape of the victim.  He served another four years for criminal sexual assault against a child (13-15 years old).