Marchman Act Attorney Florida: Adult Child in Another State
Your loved one lives in another state, and you keep hearing about drug use that is getting worse. You want to know whether a Florida court can help, and you may not know where to start.
A Florida Marchman Act petition is filed in the county where the person is located. Whether a Florida court can act on that person also depends on whether they can be served and on what the court can do in that location.
What the Marchman Act Is and Who It Is For
The Marchman Act is Florida’s law for court-ordered assessment and treatment of adults with substance use problems. Under Fla. Stat. § 397.681, the courts have jurisdiction over involuntary treatment petitions for substance abuse impaired persons, and the clerk of the court may not charge a fee for filing one. It is a court process. It is not a voluntary admission to a program, and a person does not choose to enter it.
A family member or another eligible person files the petition. Florida law lets a relative, a spouse or legal guardian, a service provider, or an adult with direct personal knowledge of the person’s substance use file for an adult respondent. The petition asks a Florida court to decide whether the person needs involuntary treatment services.
The Marchman Act is different from guardianship. Guardianship falls under Chapter 744 of the Florida Statutes and deals with a person’s ability to manage personal or financial affairs. A Marchman petition focuses on substance use and treatment. The two can overlap in some families, but they are separate court matters.
Can a Florida Marchman Act Petition Reach an Adult Child in Another State?
The answer depends on the facts. The statute ties filing to the county where the person is located. Under § 397.681, petitions “must be filed with the clerk of the court in the county where the person is located.”
A location problem can change the case. In J.P. v. J.N., the Fifth District held that filing in the wrong county did not take away the circuit court’s jurisdiction. However, as noted in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. Even so, a filing in the wrong place adds delay and cost.
Service is the other hard point. The clerk must send notice and the summons to the person, and a law enforcement agency often carries out service. If your loved one cannot be found or served, the case cannot move the way it would for someone local.
These are questions to raise with a lawyer before you file. Where is your loved one now? Can they be reached and served? Can a Florida court act on them in that place? Those answers shape the whole case.
What the 2026 Florida Statutes Say About the Petition
The Florida Statutes set out the core Marchman Act rules. Fla. Stat. § 397.681 provides that a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment for substance abuse impairment, however, the respondent may waive that right if the respondent is present and the court finds that the waiver is made knowingly, intelligently, and voluntarily. The statutory language is dense, so this page summarizes it instead of quoting every provision.
A petition must name the person, name the petitioner, and explain how they are related. It must also lay out facts. Under § 397.68141, those facts must give the reason for the belief that the person is substance abuse impaired. They must also explain why the person has lost the power of self-control over substance use. And they must show either that the person has inflicted or is likely to inflict physical harm on themselves or others unless the court orders treatment, or that the person’s refusal of voluntary care is based on judgment so impaired by reason of substance abuse that the person is incapable of appreciating the need for care and of making a rational decision about it.
A petition may include a report from a qualified professional who examined the person within 30 days before filing. If the person was never assessed, or refused an evaluation, the petition must say so.
The petition must include the respondent’s name, the petitioner’s name, their relationship, the respondent’s attorney if known, and the facts showing the need for involuntary services. The court then has to hold a hearing on the petition. Under § 397.68151, the court must schedule that hearing within 10 court working days unless a continuance is granted.
How the Marchman Act Petition Process Generally Works
The process usually moves in a set order. First, a petition is filed with the clerk in the county where the person is located. The court reviews the petition and decides whether counsel should be appointed. Notice of the hearing, with a copy of the petition, goes to the person; the person’s parent, guardian, or legal custodian if the person is a minor; the person’s attorney, if known; the petitioner; the person’s spouse or guardian, if applicable; and such other persons as the court may direct.
In an emergency, the court can act faster. Under § 397.6818, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization. A service provider generally may not hold the person for more than 72 hours of observation, though the statute lists exceptions.
At the hearing, the court hears the evidence. It says that if the respondent does not appear, the court may review the petition, testimony, and evidence presented and, if it reasonably believes the respondent meets the commitment criteria and that a substance abuse emergency exists, issue or reissue an ex parte assessment and stabilization order valid for 90 days. The person has the right to be present, though the court can excuse presence in some cases. Testimony is under oath and the proceeding is recorded.
The person also has rights. Under § 397.681, a respondent has the right to counsel at every stage, though the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A respondent who wants a lawyer and cannot afford one has the right to court-appointed counsel, and if the court believes the respondent needs or wants a lawyer, it must appoint one even against the respondent’s wishes. In Hillsborough County v. Albrechta, the Second District held that the right to counsel in Marchman Act proceedings is constitutional.
Burden of proof is a key point. In J.C. v. State, the Fifth District held that the petitioner bears the burden and that a court cannot step in to examine the only witness when the petitioner is absent. The Fourth District later certified conflict with that line of cases in J.J.J. v. D.G..
If the court finds the facts proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days, under § 397.697. If the conditions justifying treatment are expected to exist after 90 days of treatment, a renewal may be requested before that period ends.
How Florida Drug Court Works, and How It Differs From a Marchman Act Order
Drug court is a different tool. Under § 397.334, each county may fund a treatment-based drug court program for people in the justice system who have a substance abuse problem. The program tailors treatment to each participant.
A participant’s coordinated strategy, including any sanctions for breaking program rules, must be given to the participant in writing before they agree to enter. Florida’s adult drug court standards describe how these programs are meant to run, and programs can vary by circuit.
The key difference is the case type. Drug court usually follows a criminal or dependency case and depends on the person taking part. A Marchman Act order is a civil proceeding started by a petition. It does not depend on a criminal charge.
Where You Are Right Now: Refusal Is Painful, but It Is Not the End of Your Options
Watching someone you love refuse help, from far away, is hard. You may feel helpless, angry, or afraid. Those feelings are common among families in this position.
A refusal to accept treatment does not close every legal path. The Marchman Act exists for people who do not accept help on their own. The petition process is built around that situation, though the statute still requires facts and a hearing.
Keep in mind that the court decides, not you and not the petition alone. Filing a petition does not mean the court will order treatment, and this page cannot say how a court would rule on any particular refusal.
What You Can Do Today While You Decide
Start a dated, factual record. Write down concerning events, such as missed commitments, emergencies, police contact, or statements about use. Write what you saw or heard, and when. Stick to facts.
Gather what you can about your loved one’s location. Collect a current address, phone numbers, and any known contacts in other states. Under the county rule in § 397.681, location decides where a petition is filed, so this detail matters.
Note any prior assessment or treatment. Under § 397.68141, a petition must say whether the person was assessed or refused an evaluation, so know that history if you can.
Talk with a lawyer before you file. The steps above help you bring clear facts to that conversation.
Your Questions and Fears, Answered Plainly
What is the Marchman Act in the state of Florida? It is Florida’s court process for ordering assessment and treatment of adults with substance use problems. A family member or another eligible person files the petition.
How does a drug court work in Florida? Counties may fund drug court programs for people in the justice system with a substance abuse problem. The program tailors treatment and supervises participation.
How much does a drug court cost in Florida? The statutes do not set one dollar figure. Costs depend on the county program. Cost is set by each county’s program, not by one statewide number.
How to deal with a drug-using loved one? Focus on safety first. Keep records, know the location, and ask a lawyer when to involve the court.
Will my loved one find out? A petition and court records are confidential under § 397.6760, and the clerk may not publish personal identifying information on a public docket. Notice still goes to the person named.
Not Sure What Your Next Step Is?
The Robinson & Casey practice limits its work to Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, South Florida, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.
For a broader view, see our involuntary commitment for addiction guide. If your loved one is also acting violently, read our violent adult child and drug use options page.
If you want to talk through your loved one’s situation, you can contact us or call (561) 849-4149. The first consultation is free, confidential, and without obligation.