Your Adult Child Denies a Drinking Problem. You Still Need Options.

If your adult child denies a drinking problem, you may feel stuck. You can see the harm, but they say everything is fine. Florida law gives families a court route when an adult will not agree to treatment. Yes, a parent can file a Marchman Act petition for an adult child in Florida. The law still requires specific facts, a hearing, and proof. This guide explains what to record, what to try first, and how the process works.

Why an Adult Child Often Denies a Drinking Problem

Denial is common, and it doesn’t mean you misread what’s happening. Adult children often minimize drinking, shift blame, or insist they can stop anytime. Families hear the same lines again and again.

You may notice a few patterns. Your child says it was only two drinks, when you know it was more. They say the drinking helps with stress. They blame a job, a partner, or a bad year. Each excuse may sound reasonable on its own. Together, they form a pattern you can describe.

Your firsthand observations still matter. The adult may dispute your version, and that’s a normal reaction. A court doesn’t need the adult to agree with you before it looks at what you saw and heard. Florida’s standard focuses on whether the person has lost the power of self-control with respect to substance use. The statute also says that Fla. Stat. § 397.675 that mere refusal of services is not, by itself, evidence of lack of judgment with respect to the person’s need for such services. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” A simple “no” isn’t the whole story. The record needs specifics.

You are not asked to diagnose anything. Your job is to describe what you observed and what happened, with dates. Clinicians and the court do the assessment. Sticking to observations helps you stay grounded when emotions run high.

Start a Dated Written Record Before You Talk to a Lawyer

Start a written log now, with dates, times, and specific events. Keep it factual and keep it in one place. For each event, write down:

• The date and approximate time
• What happened, in plain words
• Missed work, school, or family obligations
• Injuries, car incidents, or property damage
• Alcohol-related statements the adult made, word for word if you can

Some events leave outside records. These include police reports or arrests, emergency room or urgent care visits, hospital or detox contact, and notices from an employer or landlord. Note the agency, the date, and any report number you receive.

Separate what you saw or heard from what you think it means. “He slurred his words and fell on the stairs at 11 p.m.” is a fact. “He is out of control” is your conclusion. Keep both, but label them.

Save texts, voicemails, and messages. Write down who else saw each event. Witnesses matter. The court can hear testimony from family members familiar with the respondent’s prior history when it weighs the case.

Try Voluntary Options First and Keep a Record of Each Attempt

Voluntary treatment is the simplest path when the adult agrees, so it’s worth trying first. The Florida Department of Children and Families provides general information about the Marchman Act on its website. It also allows involuntary assessment and treatment for adults and youth severely impaired by substance abuse.

Voluntary steps can include a family meeting. They can also include a conversation with a treating clinician or a direct offer of an assessment. Make the offer clear and specific. Vague suggestions are easy to brush off.

Document every offer. Write the date, what you offered, who was present, and the answer you got. Record any refusal in the same format. Keep the notes calm and specific. A line like “Offered assessment on 3/4, declined, said he’d think about it” is enough.

Why does this matter? A record showing your offers, the responses, and what happened afterward gives the court much more to review.

How the Marchman Act Works When the Adult Will Not Agree

The Marchman Act is Florida’s court-based process for adults who are substance abuse impaired and won’t agree to treatment. Section 397.601 of the Florida Statutes, available here, provides that a person who wishes to enter treatment for substance abuse may apply to a service provider for voluntary admission. The process starts with a petition filed in court. The court then sets a hearing.

At the hearing on an involuntary petition, the petitioner carries the burden of proof under the separate hearing statute, Section 397.6957; Section 397.601 itself covers voluntary admission to a service provider. The petitioner must show by clear and convincing evidence that the adult is substance abuse impaired and has a history of lack of compliance with treatment. The Marchman Act hearing statute sets that standard.

The adult has rights. The involuntary petitions statute gives the respondent the right to counsel at every stage, which the respondent may waive if present and the court finds the waiver knowing, intelligent, and voluntary. A court can appoint counsel for someone who cannot afford a private lawyer. Under Fla. Stat. § 397.681(2), a Marchman Act respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment, though the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily.

This is a legal process with notice and a hearing. It is not a shortcut around the adult’s rights. For the general sequence and the role of each participant, read the Marchman Act timeline guide. For the bigger picture, see our involuntary commitment for addiction guide. Outcomes depend on the facts of each case and the evidence presented.

Who Can File and What a Petition Usually Contains

Courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons, so a parent can file a Marchman Act petition for an adult child; the statute allowing any relative to file is § 397.68112. The rule covers an adult who is the respondent. The petition-filing statute also lists a spouse or legal guardian, a service provider, and an adult with direct personal knowledge of the impairment and prior treatment.

The petition must include certain details. Under the petition contents statute, it must state the adult’s name, the petitioner’s name, and the relationship between them. It also lists the adult’s lawyer if known. The factual allegations must explain why you believe the adult is impaired. They must also explain why the adult has lost self-control over substance use.

A petition may include a report from a qualified professional who examined the adult within 30 days before filing. If the adult was not assessed, or refused an evaluation, the petition must say so.

The clerk may not charge a fee to file this petition, under § 397.681. The petition goes to the clerk in the county where the adult is located. Under Fla. Stat. § 397.681(1), involuntary treatment petitions for substance abuse impaired persons must be filed with the clerk of the court in the county where the person is located. That is a venue issue. Confirm where the adult is before you file.

What Happens After a Petition Is Filed in Florida

After filing, the court schedules a hearing. The adult receives a copy of the petition and the notice. Under the hearing timing statute, the court sets the hearing within 10 court working days unless it grants a continuance.

However, if the respondent does not appear at the hearing and the court reasonably believes the commitment criteria are met and a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order valid for 90 days, and if the respondent’s location is known at that hearing, the court must continue the case for no more than 10 court working days; emergency action before the hearing is governed by § 397.6818. Under § 397.6818, when the petitioner asserts that emergency circumstances exist, or the court determines an emergency exists from the petition, the court may enter an ex parte assessment and stabilization order based on the petition without appointing an attorney. Under Fla. Stat. § 397.6818(1), when the petitioner asserts that emergency circumstances exist, or the court finds an emergency upon reviewing the petition, the court may rely solely on the contents of the petition and enter an ex parte order for the respondent’s involuntary assessment and stabilization without appointing an attorney. Under Fla. Stat. § 397.6818(1), the court may rely solely on the contents of the petition to enter an ex parte order when the petitioner asserts that emergency circumstances exist, or when, upon review of the petition, the court determines that an emergency exists.

A service provider generally may not hold the adult for more than 72 hours of observation. The statute lists exceptions, so check the specific terms in § 397.6818.

The treatment comes from a publicly funded licensed provider, or the court may order a privately funded licensed provider if the respondent has the ability to pay or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay for the treatment, under § 397.697.

Timelines and local court practice vary. In Miami-Dade County, the Miami-Dade Clerk of Courts directs adult petitions to the Probate Court. Families in Miami-Dade and across South Florida should confirm local procedures early.

Protecting Your Household While the Process Plays Out

If anyone faces immediate danger, call 911 first. Then write the time, what was said, and the names of responders in your log.

Plan ahead. Write a short household safety plan. List who to call, where children or other family members will stay, and what to do if things escalate. Keep a copy somewhere easy to reach.

Think carefully about covering consequences. Paying bail, fines, or debts can shift the impact away from the adult. If you decide to cover something, note the date, the amount, and your reason in the log.

Keep court papers private. Under § 397.6760, Marchman Act petitions, court orders, and related records are confidential, with listed exceptions. Limit who you share them with.

Talk With Robinson Casey About Your Adult Child’s Situation

A consultation can help you review your notes and decide whether a Marchman Act petition is the next step. The decision depends on the facts in your record and on what the adult is willing to do.

Picture this. Your adult child still says there’s no drinking problem. Your notes now cover months of missed work, a few late-night incidents, and a doctor’s visit you pushed for. You wonder whether a petition is the right move, or whether more voluntary steps should come first.

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq., is the lawyer responsible for this page and is licensed in Florida. Our team includes assistants and office staff who support the practice. The first consultation is free, confidential, and carries no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso). A matter may be referred to another lawyer or firm.

Frequently Asked Questions