Marchman Act for an Adult Child in Another State | FL

If your adult child lives out of state, you may be asking whether Florida law can reach them. When you are worried about your child’s safety, a parent can file a Marchman Act petition in Florida, and the petition goes to the county where your child is physically located.

Where you are right now

You are probably looking for a legal option after years of trying other things. Treatment, boundaries, and hope have not changed the pattern you keep seeing.

Your biggest fear may be the call that could come at any hour, reporting an overdose or worse. Others may be a jail cell far from home, or a child with nowhere to live.

This page answers one question: can a Florida Marchman Act petition reach an adult child who lives outside Florida? It explains the filing rule, the steps, and what a court petition cannot promise. No court step can promise a particular outcome for your child. A court route is one lawful option, and it deserves a clear look before the next crisis.

What a Marchman Act petition is and who it is for

The Marchman Act is Florida law that lets a family member ask a court to order assessment and, if the criteria are met, treatment for an adult with a substance problem.

The core test is in § 397.675. There must be a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder.

A refusal to accept help is not, by itself, evidence of impaired judgment. Many parents don’t expect that point.

Who may file? For an adult, the law allows a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment (§ 397.68112). A parent is a relative, so a parent may file.

Can a Florida petition reach a child who lives in another state?

The answer turns on where your child physically is when the petition is filed. Florida’s statute says the petition must be filed with the clerk of the court in the county where the person is located (§ 397.681).

A Florida appeals court applied this rule in J.P. v. J.N.. A petition filed in the wrong county was treated as a venue problem, not a loss of jurisdiction. Filing the petition in the wrong county, though, did not divest the circuit court in Putnam County of jurisdiction, according to the opinion in J.P. v. J.N..

Parents often face three situations:

• Your child is in a Florida county. The petition goes to the clerk in that county.
• If your son or daughter lives outside Florida: let us know where they are staying when you reach out, so we can talk through what that may mean for your family’s next steps.
• Your child’s location is unknown. Location still controls the filing county, so collect any address, facility name, or travel detail you have.

Distance also affects logistics. Witnesses may testify remotely under oath by audio-video technology, if they give the parties their documents by close of business the day before the hearing (§ 397.6957). In a consultation, your family’s facts, your child’s location, and the available routes get reviewed together.

How the process unfolds, step by step, and what evidence helps

A Florida case moves through a filing, a hearing set by statute, and, if the criteria are met, a court-ordered treatment period.

1. Build the record. Write a dated timeline of overdoses, hospital or ER visits, arrests, and past treatment. The petition must give the name of your child (the respondent), your name, your relationship to your child, the name of your child’s attorney if known, and the factual allegations showing why involuntary services are needed (§ 397.68141).
2. File in the right county. Send the petition to the clerk where your child is located. The clerk may not charge a filing fee (§ 397.681).
3. Wait for the hearing date. The court must schedule a hearing within 10 court working days unless it grants a continuance. Your child gets a copy and notice (§ 397.68151).
4. Your child has the right to a lawyer at every stage, but may waive that right if your child is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Your child, if your child wants a lawyer and cannot afford private counsel, has the right to court-appointed counsel.
5. The hearing. You must prove by clear and convincing evidence that the conditions are met (§ 397.6957). The court hears family members who know your child’s history.
6. A renewal petition must be filed before the court-ordered period ends, under § 397.6975. The service provider may file it, or you may file it if you filed the original petition and attach supporting documentation from the service provider. If the court grants the renewal petition, it may order up to an additional 90 days, and if the conditions still exist after that, a new renewal petition may be filed.

Plan to present your own evidence. Fifth District decisions hold that a judge may not call and question the assessing professional when the petitioner is absent (Fifth District ruling). The Fourth District flagged a conflict on that point (Fourth District conflict), and the 2024 amendments may moot the dispute.

Your biggest fears, answered plainly

A Marchman Act petition is a court tool. It can ask for assessment and treatment, but it cannot promise safety, housing, or recovery.

• Overdose or death. The court orders treatment only after the petitioner proves the conditions by clear and convincing evidence (§ 397.6957). Under § 397.6957(2), the petitioner must prove by clear and convincing evidence that the person is substance abuse impaired and has a history of not complying with substance abuse treatment. The petitioner must also prove that, because of that impairment, he or she is unlikely to voluntarily participate in the recommended services or is unable to determine for himself or herself whether services are necessary. Finally, the petitioner must prove one of two things. The first is that without services the person is likely to suffer from neglect or refuse to care for himself or herself, that this neglect or refusal poses a real and present threat of substantial harm to his or her well-being, and that there is a substantial likelihood, as evidenced by recent behavior, that without services the person will cause serious bodily harm to himself, herself or another in the near future. The second is that the person’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that he or she is incapable of appreciating the need for care and of making a rational decision about that need.
• Jail. Where your child is held decides the filing county (§ 397.681). Ask about custody first. See our related page on a child in jail.
• Homelessness. The petition asks for assessment and treatment. Housing is a separate need, so plan for it alongside the case.
• Losing hope. The records you keep count as evidence. The court hears family members who know your child’s history.

Why families bring this to Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team also includes support staff who help families with office work and documents.

The practice covers:

• Marchman Act petitions and involuntary commitment for addiction
• Guardianship matters, including emergency temporary, plenary, limited, and mental health guardianship

If your situation raises out-of-state questions, bring your child’s last known location and your dated records to the consultation.

Frequently asked questions

Here are short answers to the questions parents ask most.

Next step: a confidential conversation about your child’s situation

A confidential consultation is the place to review where your child is and whether a Florida petition fits your facts.

You may be waiting by the phone, unsure whether Florida law can reach your child in another state. You don’t have to sort that out alone.

Call (561) 849-4149 or schedule a consultation to talk through your child’s location and your next step.