A judge of Sanilac County in Michigan, USA, gave the joint custody of a 8-year-old boy to a 27-year-old man convicted of sex offenses, who allegedly acquired the child by raping his mother 9 years ago.
The victim in the second alleged rape by Mirasolo tells the Detroit News "there is no way he should have custody" and he shouldn't be around children without supervision.
Because Mirasolo wasn't included on the child's birth certificate, Kiessling said, the local prosecutor's office filed a case to identify him. He pleaded guilty to attempted third-degree criminal sexual conduct in the 2008 attack after initially being charged with rape.
He was arrested for the crime a month later when the victim became pregnant - but he served roughly half his time in jail before being released to care for his sick mother.
In addition, he was also given five years of probation - a term which was cut short by his sentencing to prison in another sexual assault case in 2010, according to Michigan Department of Corrections records.
The victim's attorney Rebecca Kiessling told the Detroit News the decision was "insane".
"This young woman came to the Sanilac County Prosecutor's Office and completed and signed a paternity questionnaire in which she disclosed the alleged father's name and address". Any deal, however, would need to be approved by Prosecuting Attorney James Young before being finalized, she said.
Mirasolo was contacted and given a copy of the complaint for paternity. He spoke with his attorney and returned on August 16 and requested DNA testing, according to the statement.
In the process, Kiessling added, the mother's address was revealed to Mirasolo and the judge ordered that his name be added to the child's birth certificate.
Mirasolo's attorney Barbara Yockey says the case is misunderstood, telling WWJ's Sandra McNeill in an interview Tuesday that Mirasolo - a registered sex offender - never sought custody of the boy. "Not a part of him", the mother said.
"Instead, he tossed their cellphones away, drove to Detroit where he stole gas from a station and then drove back to Sanilac County, where he kept them captive for two days in a vacant house near a relative, finally releasing the older sister in a park".
Mirasolo was awarded custody after DNA testing established paternity of the child, and it was only prompted after the county surveyed the victim regarding child support she had received for the past year.
Protesters plan to hold a rally in support of victims' rights before the October 25 hearing, according to an event listing on Facebook.
"Everyone told me it wouldn't happen or go through, but here we are and it's happening now", the victim said.