Family Member Out of State? Get Clear Florida Marchman Act Guidance

A Marchman Act family member out of state raises one question first: can a Florida court act? The answer turns on venue, which means where the person is located and which county the petition is filed in. This page explains how Florida venue works and what to bring to a first conversation with Robinson Casey, a Florida law firm that focuses on Marchman Act and guardianship matters.

What the Marchman Act Covers and Who Can File

The Marchman Act is a Florida process for court-ordered assessment, stabilization, and treatment of a person with a substance use problem.

Family members can often start the process. Under § 397.68112, an adult respondent’s petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and past treatment.

The court needs more than worry. See § 397.675.

A Marchman petition is not a guardianship case. Guardianship asks a court to appoint someone to make decisions for a person who cannot. A Marchman petition asks for assessment and treatment of substance use.

Why the Relative’s Location Decides the County

The petition goes to the county where the person is physically located. Under § 397.681, the petition must be filed with the clerk of the court in the county where the person is located.

That rule makes location a core fact. Start with these questions:

• Is the relative in Florida right now, and in which county?
• Does the relative live in Florida but travel often?
• Has the relative moved to another state, and when?
• Where has the relative stayed in the past few weeks?

Write down dates and addresses. A short timeline helps more than a general description. Families in Miami-Dade County and across South Florida raise this same question, so bring the dates to your first call.

Can a Florida Court Act on a Marchman Act Family Member Out of State?

A Florida court can hear a Marchman Act case when venue and the statute’s requirements fit the facts. Under § 397.681, the petition must be filed with the clerk of the court in the county where the person is located. Whether a wrong-county filing ends the case is addressed in case law, not in this section.

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 court treated the problem as a venue defect. In J.P. v. J.N., the court stated that the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

Do not assume an order from another state works the same way in Florida.

Out-of-state family members can still take part. Under § 397.6957, witnesses may testify remotely under oath by audio-video technology. A remote witness must give the parties relevant documents by the close of business the day before the hearing.

When Another State’s Law or Another Lawyer Is Involved

Questions about another state’s law may need a lawyer licensed in that state. Robinson Casey practices Florida Marchman Act and guardianship law.

If a matter may be referred to another lawyer or firm for out-of-state law, we will tell you at the start. You will hear that before you rely on any plan.

Bring these items to your first consultation:

• Any existing out-of-state orders
• Treatment records and assessments
• Police or medical reports
• Contact details for the relative and any witnesses

The person named in a petition has the right to counsel at every stage of the court case, which the respondent may waive if present and the court finds the waiver is knowing, intelligent, and voluntary. See § 397.681.

How the Process Works From First Call to Hearing

A Marchman case moves in clear stages, and the court sets key deadlines.

1. Consultation. You describe the relative’s location history, substance use concerns, and recent incidents.
2. Location and record review. The firm checks the facts against Florida venue rules before anything is filed.
3. Petition. The petition must name the respondent and the petitioner, state their relationship, and give the facts showing the need for services. See § 397.68141.
4. Hearing. The court must schedule a hearing within 10 court working days unless a continuance is granted. See § 397.68151.
5. After the hearing. If the conditions are proved by clear and convincing evidence, the court may order treatment for up to 90 days. See § 397.697.

Florida’s appeals courts have split on one hearing issue. In C.W.R.K., the Fifth District held that a trial court erred when it questioned the health care professional while the petitioner was absent. A Fourth District decision in J.J.J. v. D.G. reached a different result. The 2024 statutory amendments may affect that dispute.

Why Families Bring This Matter to Robinson Casey

Robinson Casey focuses on Marchman Act and guardianship matters. The firm serves families across South Florida and statewide.

Our team includes support staff who help families organize records, timelines, and scheduling.

Court records in these cases are protected. Under § 397.6760, petitions, court orders, and related records filed with or by a court under this part are confidential and exempt from public records rules, but the clerk may disclose them upon request to listed persons, including the petitioner and the respondent’s attorney.

The first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions

Can a witness who lives out of state testify?