The Short Answer: Can You File When Your Loved One Lives Out of State?

A Marchman Act petition for an adult living out of state turns first on one fact: where that adult is physically located. Florida law requires the petition to be filed with the clerk of the court in the county where the person is located, and the clerk may not charge a fee for filing it (Fla. Stat. § 397.681). Whether a petition can move forward depends on the facts of that person’s location and circumstances.

If your loved one is drinking or using drugs from a distance, you may feel powerless. You may be getting late-night calls, worrying about safety, and wondering whether Florida law can reach someone who isn’t in Florida. This page explains the framework, the questions to answer first, and how to start a conversation about your family’s situation.

What the Marchman Act Covers and How It Differs From the Baker Act

The Marchman Act is Florida’s law for involuntary assessment and services for people impaired by substance abuse.

To qualify, the petitioner must have a good faith reason to believe that your loved one is substance abuse impaired. That impairment must have taken away their power of self-control.

The Baker Act is a separate Florida law for involuntary examination tied to mental illness. The Florida courts’ Baker Act benchguide explains how those court proceedings work. The Marchman assessment must note whether the respondent has any co-occurring mental health or other treatment needs, but if, during the hearing, the court has reason to believe the respondent, due to mental illness other than or in addition to substance abuse impairment, meets the involuntary commitment provisions of part I of chapter 394, the court may start involuntary examination proceedings under those provisions. Some cases touch both laws.

Is the Marchman Act Only in Florida?

Yes. The Marchman Act is a Florida statute, and it runs through Florida’s courts. Other states have their own involuntary treatment laws, and those follow each state’s own rules.

Location matters inside Florida, too. The filing rule points to the county where the person is located (Fla. Stat. § 397.681). In J.P. v. J.N., the petition was filed in Putnam County, where the respondent lived. He was physically at a detox facility in Volusia County. Florida’s Fifth District Court of Appeal held that the wrong-county filing did not take away the circuit court’s jurisdiction. 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.).

Where the Adult Is Located and How Distance Affects a Petition

Only certain people can start the process for an adult. A petition may be filed by the adult’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior assessment and treatment (Fla. Stat. § 397.68112). Check that you fit one of those roles before planning a filing.

Distance also changes the logistics. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). Unless a circuit court’s chief judge authorizes disinterested private process servers, the clerk must electronically submit the summons to a law enforcement agency for service within 6 hours after the summons is issued. Witnesses may remotely attend and, as appropriate, testify under oath via audio-video technology, but a witness intending to do so must provide the parties with all relevant documents by the close of business on the day before the hearing (Fla. Stat. § 397.6957).

Questions Families Ask Before Deciding on a Marchman Act Petition

Before any filing, families need clear facts, because the petition must state them. The petition must name the respondent and the petitioner, state their relationship, and give the factual allegations, including the reasons for believing the adult is impaired, has lost self-control, and has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services, or refuses care because impaired judgment prevents understanding the need for it (Fla. Stat. § 397.68141). Gather your loved one’s current address, a history of substance use concerns, prior treatment, and any mental health diagnoses.

Know who carries the case, too. In J.C. v. State, the Fifth District reversed where the trial court called and examined the only witness while the petitioner was absent. A Fourth District court reached a different result in J.J.J. v. D.G. and certified conflict, so the rule may not look the same everywhere in Florida.

Talk With Robinson Casey About Your Family’s Situation

If your loved one lives far away and is struggling, you’re likely making hard choices without clear answers. Our team at Robinson Casey focuses on Marchman Act petitions and guardianship matters across South Florida and statewide. Richard J. Casey III, Esq. is the lawyer responsible for this page. Call (561) 849-4700 or request a consultation through the contact page. The first consultation is free, confidential, and carries no obligation to continue.