Attorneys representing the woman and 27-year-old Christopher Mirasolo are to appear Tuesday afternoon before Judge Gregory Ross in Sanilac County.
In September, Ross granted the woman sole physical custody and Mirasolo joint legal custody after DNA tests showed he was the child’s father. But a court spokesman has said the judge didn’t know Mirasolo had two criminal sexual conduct convictions, including one concerning the woman.
In Michigan, joint legal custody enables both parents to share decision-making authority about a child’s welfare.
The case started when the 21-year-old mother sought state assistance for the boy.
Mirasolo’s lawyer says he didn’t initiate the case. He has been ordered to pay child support.