Helping Florida Families When Their Adult Child Is Out of State

A Florida Marchman Act petition for an adult child who lives out of state depends first on one fact: where that adult is physically located when the petition is filed. Florida law requires the petition to be filed with the clerk of the court in the county where the person is located Fla. Stat. § 397.681. Your own Florida address does not set the filing county. This guide explains how the rule works, what a family can prepare from a distance, and what happens after filing.

What a Marchman Act Petition Is and Who Can File One for an Adult

A Marchman Act petition is a court filing that asks a Florida judge to order an assessment, and possibly treatment, for an adult with substance use impairment. It is a civil court process, not a criminal charge.

For an adult, the statute lets these people file: the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and past assessment and treatment (Fla. Stat. § 397.68112).

Can a Florida Marchman Act Petition Reach an Adult Child Who Lives Out of State?

Often, the answer turns on where the adult is, not where the parents live. Who may file is set by Fla. Stat. § 397.68112 (for an adult respondent, the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment). The county where the person is located is set by Fla. Stat. § 397.681.

Location and jurisdiction are separate questions. In J.P. v. J.N., the Fifth District Court of Appeal held that filing in the wrong county did not take away the circuit court’s jurisdiction. The problem was venue, meaning which county should hear the case. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.).

An adult who is physically in Florida presents different facts than one who lives elsewhere with no presence here. Whether a particular adult can be reached depends on the facts. Those include where the person is at filing and what the court finds.

Filing a Florida Petition When the Adult Child Is Physically in Florida

When the adult is in Florida, the petition goes to the clerk in that county. The clerk may not charge a fee to file it (Fla. Stat. § 397.681). The petition must state:

• The respondent’s name, the petitioner’s name, and their relationship
• The respondent’s attorney’s name, if known
• Facts showing why the petitioner believes the person is substance abuse impaired
• Facts showing the person has lost power of self-control over substance use
• The petition’s factual allegations must show either a reason to believe the person has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders involuntary services, or a reason to believe the person’s refusal to voluntarily receive care is based on judgment so impaired that the person is incapable of appreciating his or her need for care

A report from a qualified professional who examined the person within 30 days before filing may be attached. If the person was never assessed or refused assessment, the petition must say so (§ 397.68141).

In an emergency, the petition must describe the respondent’s exigent circumstances and request an ex parte assessment and stabilization order under § 397.6818, which the court may enter relying solely on the petition’s contents. A provider may hold the person for no more than 72 hours of observation, subject to listed exceptions (Fla. Stat. § 397.6818). Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.

When the Adult Child Lives in Another State

Those rules can differ from Florida’s. The first question is always where the adult is located.

Florida’s filing rule looks to where the person is. An adult with no presence in Florida raises a separate question that needs review on its facts. If a matter needs a lawyer licensed in another state, the firm will say so.

If a loved one is in immediate crisis, the Florida Department of Health says Florida residents can contact 988 for immediate crisis support.

From a distance, families can:

• Keep a dated log of calls, messages, and incidents
• Save texts and voicemails in their original form
• Write down the adult’s last known address and phone number

Step-by-Step: How a Marchman Act Petition Moves Through the Process

A petition usually moves through five stages: review, evidence, filing, notice and assessment, then hearing and order. Timelines vary by county and court calendar.

1. Review the facts. Confirm where the adult is, the family relationship, and what the family hopes to achieve.
2. Gather evidence. Collect dated incidents, records the family legally holds, and names of people with direct knowledge.
3. File with the clerk. The court must decide whether the respondent has or needs counsel (Fla. Stat. § 397.68151).
4. Notice and assessment. The respondent and others receive the petition and hearing notice. The respondent has the right to counsel at every stage of a judicial proceeding on an involuntary treatment petition, unless the respondent is present and the court finds a knowing, intelligent, and voluntary waiver of that right (§ 397.681).
5. Hearing and order. The court sets a hearing within 10 court working days unless it grants a continuance (§ 397.68151). If the court finds the conditions proved by clear and convincing evidence, it may order treatment for no more than 90 days (Fla. Stat. § 397.697).

The petitioner bears the burden of proof. In J.C. v. State, the Fifth District held that a trial court that calls and examines the only witness when the petitioner is absent functions as the absent petitioner (J.C. v. State). C.W.R.K. reaffirmed that rule in 2024 (C.W.R.K.). The Fourth District reached a different result in J.J.J. v. D.G. and certified conflict (J.J.J. v. D.G.). The trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate (C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare).

Evidence and Documentation Families Often Prepare From a Distance

The strongest preparation is a dated record of specific events. General worry is not enough for a court. Useful material includes:

• Dated incidents: the date, the place, what happened, and who saw it
• Existing records: prior assessments or treatment paperwork the family legally holds
• Recent assessment: whether the adult was assessed within the 30 days before filing
• Third-party observations: statements from people with direct knowledge of the impairment
• Prior help: treatment offers and how the adult responded

Keep voicemails, texts, and messages that show the adult’s condition or statements. Share only records the family has a legal right to hold.

Court records are protected. Petitions, orders, and related records are confidential and exempt from public records rules. The clerk may not publish personal identifying information on a court docket or in a publicly accessible file (Fla. Stat. § 397.6760).

Frequently Asked Questions

Talk With Robinson Casey About Your Adult Child’s Situation

If your adult child is struggling with substance use in another state, you are likely making hard decisions from far away. That is stressful, and it helps to have the facts in order before you decide on a next step.

Bring these to the consultation:

• The adult’s current location and last known address
• A dated timeline of incidents and conversations
• Any assessment or treatment records the family already holds
• Names of people with direct knowledge of the situation

The first consultation is free, confidential, and without obligation to continue. Richard J. Casey III, Esq. is the responsible lawyer for this page. Call (561) 849-4149 or visit robinsoncasey.com/contact to schedule a consultation, and we will review where your adult child is and what the facts support.