The same judge issued a stay on the ruling until a hearing next week which means the joint custody would be put on hold.
The woman, who was only identified by her first name, Tiffany, said "I don't understand why they thought that they needed to give him joint legal custody."Tiffany, was 12 years old when she said 27-year-old Christopher Mirasolo raped her at a house near Detroit. The child was conceived during that rape.
"I was kidnapped for two days," she told CBS. "I didn't know if I was ever going to go home. He threatened to kill me and my best friend if we told anyone."
Mirasolo was in jail after pleading guilty to attempted third degree criminal sexual conduct. Recently, a Sanilac County Judge Gregory Ross signed an order that give Mirasolo joint custody of the boy who is now 8 years old.
Tiffany was getting welfare and had to say who the father of the baby was to continue to remain on welfare.
The Sanilac County Prosecutor's Office used an order that is used in all paternity cases and she was required to name the father to continue receiving welfare. Tiffany called that "crazy."
Tiffany said painful memories return whenever she hears her attackers name and see his face.
“I have been taking care of him for eight years," she added. "I gave up high school. I gave up Prom. I gave up my friends to raise a baby and go to work."
Attorneys for both told CBS News they are not working to reach a settlement, and the prosecutor's office said they are reviewing how cases like this are handled.