When Your Adult Child Is Out of State, You Still Have Options

If your adult child has moved out of state and you’re running out of options, a Florida Marchman Act petition may be one legal path. A petition for an adult is filed with the clerk in the county where the adult is located. This page explains how a Marchman Act adult child out of state case works, step by step.

What a Marchman Act Petition Is and Who It Is For

A Marchman Act petition asks a Florida court to order an assessment and, when the rules are met, treatment for an adult who is impaired by substance use.

The court applies a specific test. Under § 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. That impairment must have caused the person to lose the power of self-control. Mere refusal to get help is not, by itself, 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.”

You may have paid for treatment, tried interventions, and held firm on boundaries. Your child may still be getting worse. A recent overdose, relapse, hospital stay, arrest, or disappearance may have pushed you to look for another route. That fear makes sense.

The court makes the decision, not the family. Under § 397.697, the court may order involuntary treatment only when the conditions are proved by clear and convincing evidence.

Who Can File a Petition for an Adult Child

Under § 397.68112, a petition for an adult respondent may be filed by:

• the respondent’s spouse or legal guardian
• any relative
• a service provider
• an adult who has direct personal knowledge of the respondent’s substance abuse impairment and prior assessment and treatment

The petition must name the respondent and the petitioner, and state how they are related. Under § 397.68141, the petition must also give the factual allegations establishing the need for involuntary services for substance abuse impairment. Under § 397.68141, the petitioner explains why they believe the person is impaired and has lost self-control. The petitioner also explains either the risk of physical harm or why impaired judgment blocks the person from accepting care.

A petition may include a report from a qualified professional who examined the adult within 30 days before filing. If the adult was not assessed or refused an evaluation, the petition must say so. Write down dates, incidents, prior treatment, and the names of people with direct knowledge. Specific facts carry the petition.

The clerk may not charge a fee for filing. See § 397.681.

Can Florida Act When Your Adult Child Lives in Another State?

The filing rule ties the petition to where the person is located. Under § 397.681, petitions must be filed with the clerk in the county where the person is located. So the adult’s location on the filing date is the first fact to check.

In J.P. v. J.N., the Fifth District held that filing in the wrong county did not take away the circuit court’s jurisdiction. The court treated the problem as a venue defect, not a lack of jurisdiction.

Out-of-state cases need extra care. If your child moves between states, or keeps a Florida address while living elsewhere, the location questions get harder. Timing and location can change which steps are open. Confirm where your child is staying now, and whether that location is stable.

The answer depends on the facts of each case.

How the Petition Process Works, Step by Step

A Marchman Act case moves from a written petition to a hearing. Each stage has a statutory timeframe.

1. Consultation. Our team reviews your child’s location, recent events, treatment history, and the records you have.
2. Filing. The petition goes to the clerk in the county where your child is located.
3. Emergency orders. When emergency circumstances exist, the court may rely on the petition alone and enter an ex parte assessment and stabilization order, without appointing an attorney, under § 397.6818. A provider may hold the person for no more than 72 hours of observation, unless a statutory exception applies. In D.H. v. K.J.R., the court held that an order was error where the petition did not establish that reason.
4. Hearing. The court must schedule a hearing within 10 court working days unless a continuance is granted. Copies go to the respondent, the petitioner, and the respondent’s attorney, if known. See § 397.68151.
5. Order and renewal. If the conditions are proved, treatment may last up to 90 days under § 397.697. A renewal may be requested under § 397.6975 before the 90-day period ends when the conditions are expected to continue after it. It can add up to 90 more days under § 397.6975.

Safeguards and What the Court Decides

The adult keeps important rights throughout the case. The respondent has the right to counsel at every stage of the judicial proceeding; however, the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily. A respondent who cannot afford private counsel may receive a court-appointed lawyer (§ 397.681). In Hillsborough County v. Albrechta, the Second District held that due process gives a Marchman Act respondent a constitutional right to counsel.

At the hearing, the court hears all relevant evidence. That can include testimony from family members who know the respondent’s history. Testimony is under oath and recorded. The respondent may refuse to testify.

Courts in different districts may apply the rules differently. In C.W.R.K., the Fifth District held that when the petitioner is absent, the trial court may not call and question the professional who executed the involuntary services certificate. The Fourth District certified conflict on related questions in J.J.J. v. D.G.

An assessment and stabilization order is not the same as a treatment order. Discharge planning must cover follow-up appointments, medications, living arrangements, transportation, and recovery support, under § 397.6977.

Questions Parents Ask Before Filing

Talk With Robinson Casey About Your Adult Child’s Case

If you’re weighing a Marchman Act petition for a child who has moved out of state, a conversation can help. You may be sitting by the phone after an overdose, a hospital discharge, an arrest, or the day texts stopped coming from another state.

Richard J. Casey III, Esq. is the responsible attorney for this page. The first consultation is free, confidential, and carries no obligation to continue.

If your child is in immediate danger, Florida residents can contact 988 for immediate crisis support, as the Florida Department of Health explains.

When you’re ready, call (561) 849-4700 or request a consultation to review your child’s location and the records you have.