Shared parental responsibility is statutorily required unless the court specifically finds that it would be detrimental to the child. So, she must prove, and the court must find, that shared parental responsibility would be detrimental to the child. The courts have consistently held that without such a finding, an award of sole parental responsibility is inappropriate.
If the hot sauce incident resulted in a criminal conviction, the court will consider evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of s. 39.806(1)(d), (Fla. Stat.) creates a rebuttable presumption of detriment to the child.
If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.
The other factors mentioned would not be a valid basis for a finding of detriment to the child.
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