Clear Guidance for Families Facing a Marchman Act Petition

When Your Husband Drinks at Home and the Kids Are There

If your husband drinks at home and the children are there, Florida law lets a spouse ask a court for help. That court process is called the Marchman Act.

You didn’t choose this. The drinking may start after work and run late into the night. The kids may have seen a fight or stopped bringing friends home. Money may disappear, and you never know what the next evening will bring. Often, you’re the one holding everything together.

Most spouses in this spot share the same fears. They worry about harm to their children. They worry the money will run out. They worry that if nothing changes, the marriage and the family won’t survive. Those fears are real, and this page takes them seriously.

This page explains your Florida options in plain terms. You’ll learn who can file, what the court process looks like, and what you can do for the children now. Your options depend on your family’s facts, and a full review is the way to sort them out.

What the Marchman Act Is and What It Covers

The Marchman Act is a civil court process. It lets a judge order assessment and, if the legal criteria are met, treatment for a person with substance abuse impairment. It is not a criminal charge.

First, is there a good faith reason to believe the person is impaired and has lost the power of self-control over substance use? First, is there a good faith reason to believe the person is impaired and has lost the power of self-control over substance use?

The law looks at judgment and safety, not just whether a person drinks.

Voluntary treatment depends on the person agreeing to go. The Marchman Act is the court route for when a person won’t seek help on their own.

Who Can File a Marchman Act Petition in Florida

For an adult, a spouse can file a petition for involuntary treatment services. § 397.68112

Those facts cover why he’s impaired, why he has lost control over drinking, and why he’s likely to harm himself or others, or refuses care because his judgment is impaired. § 397.68141

Start writing things down now. Keep a dated note of each incident, who was present, and what the children saw or heard. Note any injuries, missed school or missed child care. A petition may include a report from a qualified professional who examined him within 30 days before filing. If he was never assessed or refused, the petition must say so. § 397.68141

A court, not a family vote, decides whether treatment is ordered. § 397.697 In every case resulting in an order for involuntary treatment, the court retains jurisdiction over the case and the parties. § 397.6957

What Happens After a Petition Is Filed: Step by Step

The petition goes to the clerk of the court in the county where he is physically located. The clerk may not charge a fee to file it. § 397.681 Such petitions must be filed with the clerk of the court in the county where the person is located. Under § 397.681, a petition must be filed with the clerk of the court in the county where the person is located.

1. Court review. The judge decides whether he has a lawyer or should get one appointed. He has the right to counsel at every stage, though he may waive that right if he is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. § 397.68151
2. Hearing date. The court sets a hearing within 10 court working days unless it grants a continuance. He gets a copy of the petition and notice, and so do you as petitioner. § 397.68151
3. § 397.6818 allows the court, when emergency circumstances exist, to rely solely on the contents of the petition and enter an ex parte order for the respondent’s involuntary assessment and stabilization. D.H. v. K.J.R. (2024)
4. Ex parte order. The ex parte assessment and stabilization order must be executed during the period when the hearing on the petition for treatment is pending. § 397.6957
5. § 397.6957 § 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. § 397.6975
6. Discharge. When the conditions justifying treatment no longer exist, he must be released as provided in s. 397.6971. If the conditions are expected to exist after 90 days of treatment services, a renewal of the involuntary services order may be requested under § 397.6975 before the end of the 90-day period. § 397.697 § 397.6977

Timelines come from the statute and move with the court’s calendar. Ask about your case’s dates at your consultation.

Protecting the Children and the Household While You Wait

If anyone is hurt or in danger, call 911 now. A court petition is not an emergency response.

• Keep a dated log. Record incidents, what the children saw or heard, injuries, and missed school or care. These are the kinds of facts a petition has to describe. § 397.68141
• Gather money records. Put bank information, account logins and a list of bills with due dates in one safe place. Money strain is one of your biggest fears, and these records show where the money goes.
• Plan for the kids. Choose a safe adult the children can reach, and decide where they go during a crisis.
• Tell the school or pediatrician. The people who see your children every day can help watch for problems.
• Know that these records are private. Petitions for involuntary assessment and stabilization, court orders, and related records filed under this part are confidential, though the clerk can release them on request to listed people such as the petitioner and the respondent’s attorney, and clerks may not publish personal identifying information on a public docket. § 397.6760
• Plan beyond the order. Discharge from treatment needs planning for follow-up appointments, medication access and living arrangements. § 397.6977

Common Questions Spouses Ask Before They Call

Most spouses ask whether the filing becomes a public fight. The short answers are below.

Talk With Robinson Casey About Your Family’s Next Step

Robinson Casey limits its practice to Marchman Act and guardianship matters. The firm serves families across South Florida, including Miami-Dade, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

A consultation covers the facts of your household, the children’s safety, the statutory options and a clear view of the steps ahead.

If you’re lying awake wondering what happens if nothing changes, you don’t have to work out the next step alone. Call (561) 849-4700 or use our contact form to talk about your family’s situation.