December 19, 2017

An Ohio rapist who was previously granted parental rights and custody of a child he fathered nearly a decade ago lost custody. The mother of the boy was 12 years old at the time.

Judge Gregory Ross of Sanilac County originally gave parenting time and joint custody to the man and ordered him to pay child support on Sept. 22. The new ruling rescinds those rights but does not address the issue of child support.

The child was born after the man raped the girl. An estimated 100 people gathered to protest the ruling outside the courthouse in October 2017.

The victim’s lawyer expressed her concern over the judge’s failure to address child support, which the victim needs.

The judge stated that he was unaware of the circumstances surrounding the child’s conception and birth, specifically the rape. He received a paternity petition, which did not indicate anything unusual. He further rejected claims that he “rubber stamped” the order, stating that the order did not raise any red flags or causes for concern.

As a result, the court will be reviewing its procedures to ensure that this type of legal error does not occur in the future.

An advocate for abused children expressed her dismay that the original consent order was processed as the defendant was convicted twice of sex offenses. She emphasized the need to protect children and said he should have never been considered for any type of parental rights or custody. The defendant entered a guilty plea to attempted third-degree sexual conduct on Sept. 6, 2008, regarding the mother of the child. He served just over two years in prison and was released on Dec. 20, 2010.

He pled no contest to two counts of criminal sexual conduct related to a 15-year-old girl on March 29, 2010.

The mother in the custody case reported that the defendant kidnapped and raped her, threatening to kill her if she told anyone what happened. However, she decided to keep the baby after learning that she was pregnant. She expressed her gratefulness for the life of her child.

In contrast, the defendant claimed that his relationship with his son’s mother at age 12 was “romantic.”

If you have questions about the changing landscape of family law, especially as it relates to parental or custodial issues, talk to our seasoned legal team.