How can US rapist win joint custody of victim's child?

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How can US rapist win joint custody of victim's child?

Postby ElectricMonk » Tue Oct 10, 2017 12:17 pm

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Re: How can US rapist win joint custody of victim's child?

Postby bobbo_the_Pragmatist » Tue Oct 10, 2017 1:01 pm

About a perfect horror story of bureaucracy running amok. Kinda like FEMA and Puerto Rico---no one wins except the Stats on how much paper the office pushes.

........................Now...............if she had $$$$..........none of it would happen, or it could be corrected. Thats life on welfare.
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Re: How can US rapist win joint custody of victim's child?

Postby Matthew Ellard » Tue Oct 10, 2017 10:41 pm

ElectricMonk wrote: Wow, just wow.
I'm with you. It doesn't make any sense.

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Re: How can US rapist win joint custody of victim's child?

Postby bobbo_the_Pragmatist » Tue Oct 10, 2017 11:55 pm

Matthew Ellard wrote:
ElectricMonk wrote: Wow, just wow.
I'm with you. It doesn't make any sense.

WAIT A MINUTE. Did either of you two READ the link?????? It makes perfect sense. Everyone disagrees with the process/outcome but THE WHOLE POINT of the link/issue is to SHOW THE "SENSE" OF IT. Living in a cave if you don't understand "the sense" of the bureaucracies that run our lives.

Buy a dictionary.
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Re: How can US rapist win joint custody of victim's child?

Postby Matthew Ellard » Wed Oct 11, 2017 12:04 am

bobbo_the_Pragmatist wrote: WAIT A MINUTE. Did either of you two READ the link??????
Yes.
I'm waiting to see what the appeal looks like.

In law, you have legislation. judge-made-law and equity law. If the rules of legislation or judge-made-law force an unconscionable result or an absurdity, then an applicant can appeal to equity law. I would guess an application would be made under equity law.

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Re: How can US rapist win joint custody of victim's child?

Postby bobbo_the_Pragmatist » Wed Oct 11, 2017 12:08 am

Glutton for punishment eh?

Before reading..... I was half hoping the "issue" was the guy was a statutory rapist and at the time of conception there was no force....just "lack of (legal) consent." but no.........pure bureaucracy at play. The concerning risk here is that courts are bureaucratic as well. The "set up" is that she waived her rights. I can easily see a court saying she made her bed.

How many bad experiences with the powers that be can you have before you resort to ranting on a forum in the nether regions of the web?
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Re: How can US rapist win joint custody of victim's child?

Postby Matthew Ellard » Wed Oct 11, 2017 12:15 am

bobbo_the_Pragmatist wrote:The concerning risk here is that courts are bureaucratic as well. The "set up" is that she waived her rights. I can easily see a court saying she made her bed.

That's all true. We would need to get into the details of the case to fully understand how it may be argued, with equity law in mind.

On a positive note : It is some times a good thing when procedural laws leads to such an absurd outcome, as it allows the equity courts to made new rulings of judge-made-law in superior equity courts, that prevents this happening again for hundreds of people in the same circumstances.

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Re: How can US rapist win joint custody of victim's child?

Postby Gord » Wed Oct 11, 2017 2:13 am

ElectricMonk wrote:http://www.bbc.com/news/world-us-canada-41556542

...What is the Rape Survivor Child Custody Act?

The law, championed by the Obama administration in 2015....

When will Trump get rid of that, I wonder?
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Re: How can US rapist win joint custody of victim's child?

Postby Nikki Nyx » Wed Oct 11, 2017 8:05 pm

Correction: Christopher Mirasolo is not a rapist; he is a pedophile.
...providing the man with access to a child born from the nearly decade-old alleged rape of a 12-year-old girl...
Mirasolo was 18 years old at the time.


And here's the first crime of the US justice system:
Mirasolo pleaded guilty in 2008 to attempted third-degree criminal sexual conduct and served six months in jail for the crime.
Six months for the rape of a child? WTF is going on in Michigan?


Mirasolo now has a history of sexual assault, since he committed another subsequent to his release.
In 2010, he went to prison for four years in a separate sex crime case.


There's also some question as to whether the victim consented, or was even offered representation.
That “consent, however, was never obtained,” Kiessling said in court documents. “No one ever even conferred with the Plaintiff regarding the ‘consent judgment,’ she did not sign the ‘consent judgment,’ nor was the Plaintiff afforded legal representation in the matter.”


Further, the judge provided the victim's rapist with her address!
...the mother’s address was revealed to Mirasolo...


How does allowing a pedophile access to a child qualify as justice?
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Re: How can US rapist win joint custody of victim's child?

Postby Jeffk 1970 » Thu Oct 12, 2017 5:31 pm

Worse, she's been ordered to move from Florida to Michigan.

It doesn't sound like the guy wants anything to do with the child but I don't really get the logic of even giving this guy the option to see the child.
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Re: How can US rapist win joint custody of victim's child?

Postby scrmbldggs » Thu Oct 12, 2017 11:43 pm

What is he shooting for? That if he gets custody of the child, the victim has to pay him child support?
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Re: How can US rapist win joint custody of victim's child?

Postby Jeffk 1970 » Thu Oct 12, 2017 11:53 pm

scrmbldggs wrote:What is he shooting for? That if he gets custody of the child, the victim has to pay him child support?


No, he's already ordered to child support and shows no desire to see the child. The initiative came from the Florida's DA Office when the mother applied for food stamps.

That strikes me as odd, AFAIK there is no federal requirement to file for child support when someone applies for food stamps. It is a requirement for things like TANF and daycare.
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Re: How can US rapist win joint custody of victim's child?

Postby Jeffk 1970 » Thu Oct 12, 2017 11:59 pm

Jeffk 1970 wrote:
scrmbldggs wrote:What is he shooting for? That if he gets custody of the child, the victim has to pay him child support?


No, he's already ordered to child support and shows no desire to see the child. The initiative came from the Florida's DA Office when the mother applied for food stamps.

That strikes me as odd, AFAIK there is no federal requirement to file for child support when someone applies for food stamps. It is a requirement for things like TANF and daycare.


https://www.fns.usda.gov/snap/facts-about-snap

It might be a Florida rule that recepients have to apply for child support or the story might be wrong.

Certain exemptions exist in appying for benefits that require CS, you can show cause in cases of incest or rape, at least in Oklahoma.

Something doesn't seem right about this.
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Re: How can US rapist win joint custody of victim's child?

Postby Jeffk 1970 » Fri Oct 13, 2017 12:15 am

Child Support Cooperation - Certain individuals must cooperate with the state's child support enforcement agency to prove a child's legal relationship to their parent and to get the court to order child support payments.


[url]http://www.myflfamilies.com/service-programs/access-florida-food-medical-assistance-cash/food-assistance-and-suncap[/ur]

Looks like a state rule. I'm a bit surprised there's no "cause" rule, at least none that I saw.
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Re: How can US rapist win joint custody of victim's child?

Postby scrmbldggs » Fri Oct 13, 2017 12:20 am

So the issue for them is only that if she has difficulties to support/feed the child, she must turn to the other parent? And the state took over and now she has to move because he's not paying? It's confusing.
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Re: How can US rapist win joint custody of victim's child?

Postby Jeffk 1970 » Fri Oct 13, 2017 12:42 am

scrmbldggs wrote:So the issue for them is only that if she has difficulties to support/feed the child, she must turn to the other parent? And the state took over and now she has to move because he's not paying? It's confusing.



The idea is that the CS offsets some of the cost because CS is counted towards the benefit. None of the rest makes any sense to me, Oklahoma does have a "just cause" not to apply for CS in cases I outlined above. Either Florida doesn't have that (I thought that was a federal rule) or someone screwed up by making her apply.
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Re: How can US rapist win joint custody of victim's child?

Postby Phoenix76 » Fri Oct 13, 2017 9:49 am

Sounds like your judiciary is just as f*ck*d up as ours. At least here, we can blame left wing influences. We've just let a baby killer walk free on a suspended sentence. The big smirk on his face as he walks out of court makes you want to up-chuck, and then put one between his eyes.

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Re: How can US rapist win joint custody of victim's child?

Postby xouper » Mon Oct 16, 2017 8:57 am


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Re: How can US rapist win joint custody of victim's child?

Postby Jeffk 1970 » Mon Oct 16, 2017 12:56 pm



At least the judge is acknowledging the mistake and taking measures to correct it.
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Re: How can US rapist win joint custody of victim's child?

Postby bobbo_the_Pragmatist » Mon Oct 16, 2017 2:35 pm

................................... lots of people spend time in jail for the same grind mill.

Lots of evil in the world..........based on indifference.
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