Adult Child Stealing From Parents: Florida Legal Options

Florida law can let a family ask a court for treatment for an adult child who struggles with addiction. A judge looks at impairment, loss of self-control, and need for treatment. Theft can be part of that proof. If you’re searching for adult child stealing from parents Florida addiction legal options, this page explains how the process works.

You may have already paid for treatment. You may have tried interventions and set firm limits. The thefts keep coming anyway. This page is written by Richard J. Casey III, Esq., the responsible lawyer for Robinson Casey.

When Your Adult Child Is Taking From You

Yes, theft from a parent can be part of a Marchman Act case.

You know the pattern. A check goes missing. A card shows charges you never made. Pills vanish from the medicine cabinet. Each time comes with a new excuse, and the excuses get harder to believe.

You have already done the hard things. You paid for rehab, sat through interventions, and changed the locks. The thefts show how far things have gone. They don’t tell you what to do next.

So the question is this: can Florida law help a family seek court-ordered treatment for an adult child who steals? A petition may be possible. But the court decides based on specific legal findings, not on the theft by itself.

Does Stealing From Parents Mean Your Child Can Be Committed?

Not automatically. A theft and a Marchman Act petition are two separate tracks.

Reporting a theft to police is a criminal matter. Each path stands on its own.

A theft matters only as evidence about impairment, loss of self-control, need for services, or harm. Whether your child’s conduct fits those criteria depends on the facts of your situation.

What Florida’s Marchman Act Asks a Judge to Find

A judge must find there is good faith reason to believe that your child is substance abuse impaired (or has a substance use disorder and a co-occurring mental health disorder) and has lost the power of self-control.

Under Fla. Stat. § 397.675, the test starts with a good faith reason to believe the person is substance abuse impaired. Because of that impairment, the person has lost self-control over substance use.

Then one more showing is needed. Either the person is in need of substance abuse services and their judgment is so impaired they cannot see that need or make a rational decision about it, although mere refusal to receive such services does not constitute evidence of lack of judgment. 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.” Or, without care, they are likely to neglect themselves, and that neglect poses a real and present threat of substantial harm that it is not apparent can be avoided through willing, able, and responsible family members or friends or other services. A substantial likelihood of physical harm to themselves or someone else also meets the test.

In J.C. v. State, the court failed to follow the applicable statute by essentially functioning as the absent petitioner.

How a Parent Files a Marchman Act Petition

A parent can file a petition in Florida. The petition goes to the clerk in the county where the adult child is located.

Under Fla. Stat. § 397.68112, an adult’s petition may be filed by a relative, among others. A parent is a relative, so a parent falls within that group.

Location matters. Under Fla. Stat. § 397.681, the clerk may not charge a fee to file the petition. In J.P. v. J.N., a Fifth District case, the court held that filing in the wrong county is a venue problem, not a loss of jurisdiction. In J.P. v. J.N., however, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

Under Fla. Stat. § 397.68141, the petition must name your child and you, state your relationship, and give the reasons for your belief. Gather specific facts: dates, amounts, and what was taken. Keep police reports, messages, emergency room records, and treatment history. For the county question, read our filing county guide. For what a judge reviews, read our evidence guide.

What Happens to Your Child After a Petition Is Filed

Your child has a right to counsel at every stage of the case. If the court believes your child needs a lawyer, the court appoints one.

Under Fla. Stat. § 397.6957, the court reviews the qualified professional’s assessment, and a report that fails to include a treatment recommendation, or recommends no treatment, results in dismissal of the petition.

At the hearing on a petition for involuntary treatment services, the court must hear and review all relevant evidence, including testimony from family members familiar with your child’s history and how it relates to their current condition, and the results of the assessment done by a qualified professional. Under Fla. Stat. § 397.6818, a provider may hold your child for no more than 72 hours of observation, unless a listed condition applies.

Your fear of what your child will say or do is real. Court can be painful for the whole family. No one can predict how a judge will rule.

Protecting Yourself and Your Home While You Decide

Start by securing cards, account access, valuables, and medications. Keep a written record of each incident.

Change passwords and PINs. Remove your child’s access to your accounts. Lock up cash, medications, and valuables. Write down the date, what was taken, the amount, and what your child said. Save texts and voicemails. That record helps whatever step you choose next.

You can report a theft to police. That choice is separate from any petition.

If you fear an overdose or a crisis, you can contact 988 for immediate support. The Florida Department of Health points Florida residents to 988 for this kind of help.

When you talk with your child, stay calm. The Partnership to End Addiction advises listening rather than lecturing, focusing on health and safety, and choosing a good time to talk.

Talk Through Your Situation With Robinson Casey

If your child is taking from you, and you’re weighing a court petition, the next step is a conversation about your facts.

You may be lying awake, worried your child will overdose, be arrested, or end up on the street. You may be running out of options and energy. No lawyer can promise how a case will end.

Common Questions