Florida Marchman Act Petition: Adult Child Out of State
If an adult loved one lives out of state but is using substances in Florida, you may be asking whether a Florida petition can still help. If your loved one is outside Florida, you may wonder whether a Marchman Act petition can still help. A petition is filed in the Florida county where the person is located at the time of filing, so their location in Florida is the starting point.
This page explains how the process works, what the court looks for, and which other options exist. Whether they can be found and what you can document also shape how a case moves forward.
What the Marchman Act Is and Who Can File One
The Marchman Act is Florida’s civil court process for a person who may need assessment or treatment for substance abuse impairment. It can apply to adults and to minors.
For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior assessment or treatment. Fla. Stat. § 397.68112 A parent, sibling, or other relative is on that list.
The Act also covers voluntary help. The Florida Department of Children and Families describes voluntary admission alongside involuntary assessment, stabilization, and treatment. Families often encourage a loved one to get voluntary help first, and that step does not require a court order.
Many families try tough love before they go to court. They set limits, stop paying bills, and wait for the person to ask for help. That approach can work for some families. But when a person is at real risk, waiting can be dangerous.
For the broader picture, read our guide to involuntary commitment for addiction.
How Distance Changes a Marchman Act Case
A Florida petition follows the person, not the petitioner’s address. Under Fla. Stat. § 397.681, the petition must be filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it.
Location matters even inside Florida.
Service is the practical hurdle. The clerk issues a summons, and a law enforcement agency may be asked to serve the person. If the person has moved, lost contact, or left Florida, finding and serving them may be more difficult.
What counts is the content of the petition. A petition must state the facts behind your belief, so start gathering them now: names, any Florida addresses you know, dates, places, incidents, and records of past treatment or hospital contact. Fla. Stat. § 397.68141
The facts of each situation decide how a court treats a person who lives out of state. No one can say in advance how a particular case will go.
What Does Florida Require Under the Marchman Act?
Florida requires a good-faith reason to believe the person is substance abuse impaired. The person must also have lost the power of self-control with respect to substance abuse, and must also either need substance abuse services while their judgment is so impaired that they cannot appreciate that need, or be likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm that cannot apparently be avoided through willing, able family, friends, or other services; or there must be a substantial likelihood they have inflicted, threatened, or attempted to inflict physical harm on themselves or others, or are likely to do so unless admitted. Fla. Stat. § 397.675
Refusing help is not enough by itself. The statute says that mere refusal to receive services is not evidence of lack of judgment about the need for them. So a petition has to show more than a no.
Vague worry is not enough. Fla. Stat. § 397.68141 If the person was not assessed before filing, or refused an evaluation, the petition must say so.
Courts check these facts closely. In D.H. v. K.J.R., the Second District held the trial court erred in entering an emergency order where the petition did not give a good-faith reason to believe the criteria were met.
Hillsborough County v. Albrechta For more, read our page on the right to a lawyer in a Marchman Act petition.
Chapter 397 was amended in 2024 and 2025. Older versions you may find online can say something different.
Step-by-Step: What Happens After a Petition Is Filed
After filing, the court first decides whether the person has a lawyer or needs one appointed. Fla. Stat. § 397.68151 The court then schedules a hearing within 10 court working days, unless a continuance is granted.
If the petitioner asserts an emergency, the court may enter an order for assessment and stabilization based on the petition alone. Fla. Stat. § 397.6818 A service provider generally may hold the person for no more than 72 hours of observation. The statute lists exceptions, including withdrawal, a medical need, and weekends or holidays.
At the hearing, the respondent must be present unless they waive it or the court finds presence is not in their best interests. Fla. Stat. § 397.6957 The court hears all relevant evidence, including testimony from family members who know the person’s history. It may order drug tests, and witnesses may testify remotely. Testimony is under oath, and the respondent may refuse to testify.
The petitioner carries the burden of proof. In J.C. v. State, the Fifth District reversed where the trial court questioned the only witness after the petitioner was absent. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the Fifth District reaffirmed that rule in 2024.
If the court finds the conditions proven by clear and convincing evidence, it may order involuntary services for a period not to exceed 90 days. The court shall hear and review all relevant evidence, including testimony from family members familiar with the respondent’s prior history.
Marchman Act vs. Baker Act and Guardianship: Which Tool Fits
The Marchman Act addresses substance abuse impairment. The Baker Act is a different Florida law, aimed at mental health crises. Your loved one’s situation may point to one law, the other, or neither.
Guardianship is a different tool. Under Chapter 744 of the Florida Statutes, guardianship is a court process for deciding who makes decisions for a person who cannot make them safely. Florida Statutes A guardianship question asks who should decide for the person. A Marchman question asks whether the court should order assessment or treatment for substance use.
If your loved one was recently discharged from a hospital without a treatment plan, read about hospital discharge without a treatment plan. That situation can change which path makes sense.
Which tool fits depends on the facts. Talking through those facts is the first step toward choosing a path.
Can a Marchman Act Petition Be Dropped?
A petition opens a court case, and the court keeps control of it. Once the court orders involuntary services, it keeps jurisdiction and can enter further orders. Those can include monitoring compliance with treatment and starting contempt proceedings for violating a valid order. Fla. Stat. § 397.697
Some cases end by court action. If the person is not assessed within 90 days after an ex parte order is reissued, the court must dismiss the case. Fla. Stat. § 397.6818
Early release is also possible. The statute lists grounds, such as when a person no longer meets the criteria and consents to voluntary status, or when the likelihood of harm no longer exists. Fla. Stat. § 397.6971
To see how an order can affect daily life, read about how a Marchman order can affect employment and driving records.
Frequently Asked Questions
How do you start a Marchman Act in Florida?
File a petition with the clerk of the court in the Florida county where the person is located. The clerk may not charge a fee to file it under Fla. Stat. § 397.681.
What is the Marchman Act in Florida?
It is Florida’s civil court process for assessment and treatment of a person with substance abuse impairment.
Can a family file if the adult child lives in another state?
The petition goes to the Florida county where the person is located when it is filed. Your own address does not control where the case is filed.
Does the adult have to agree to be assessed?
A petition can go forward without the person’s agreement, but the court must still find the criteria are met. Mere refusal to receive services does not, by itself, constitute evidence of lack of judgment with respect to the person’s need for those services.
Talking Through Your Family’s Situation With Robinson Casey
Watching someone you love use in Florida while you live somewhere else is hard. Deciding whether a petition is possible adds more pressure, and you may be weighing how to reach your loved one and what the court will ask of you.
You don’t have to sort that out by yourself. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters, serving families in South Florida and across the state.
The first consultation is free, confidential, and comes with no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso). Richard J. Casey III, Esq. is the responsible lawyer for this page.
Call (561) 849-4149 or send your questions through our contact page.