A Clear Path Forward When Your Adult Child Needs Help

A Marchman Act lawyer for parents in Florida helps a family ask a court to order assessment and, if the legal criteria are met, treatment for an adult with a substance use disorder. Relatives can file this petition, and it goes to the court in the county where the adult is physically located. This page explains who can file, what the petition must say, and what a petitioner’s lawyer handles. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in South Florida and statewide.

What the Marchman Act Is and Who It Helps

The Marchman Act is Florida’s civil law for court-ordered help with substance abuse.

A petition asks a judge to order an assessment first. If the court finds the criteria met, it can order treatment. Under Fla. Stat. § 397.697, the court must find the conditions proved by clear and convincing evidence, and an order may last up to 90 days.

Who can file? Under Fla. Stat. § 397.68112, for an adult the petition may come from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.

If you’re a parent watching an adult child’s use get worse, you may feel you have no safe option left. Your questions are reasonable. You don’t need every answer before you start.

Marchman Act vs. Baker Act: Which Law Applies

The Marchman Act deals with substance use. A separate Florida law, the Baker Act, deals with mental health crises. Many families face both problems at once.

The Marchman Act criteria focus on substance use. They can also apply when a co-occurring mental health disorder is present, under Fla. Stat. § 397.675.

The difference matters because it shapes which petition is filed and which court process follows. The facts of the adult’s history decide that question. A lawyer can review those facts with you before anything is filed.

What the Court Looks For in a Marchman Act Petition

A petition must state facts, not only worry. Under Fla. Stat. § 397.68141, a petition for involuntary services must contain the name of the respondent, the name of the petitioner, the relationship between the respondent and the petitioner, the name of the respondent’s attorney if known, and the factual allegations establishing the need for involuntary services. It must also give the factual reasons for the petitioner’s belief.

The court looks for a reason to believe the adult has lost power of self-control over substance use. It also looks for either impaired judgment about the need for care or a real risk of harm. Refusing treatment alone is not evidence of impaired judgment, under § 397.675.

Useful evidence often includes:

• Dates and examples of substance-related incidents
• Past treatment attempts and what happened
• Medical or police records, where they exist
• Names of family members who know the adult’s history

The court’s decision depends on the facts of each family’s record.

A petition that lacks a good-faith basis can fail. In D.H. v. K.J.R., the Second District held that an ex parte order was error where the petition did not show a good-faith reason to believe the criteria were met.

How the Marchman Act Process Unfolds Step by Step

The process begins with a petition filed with the clerk, and the respondent must be present at the hearing on that petition unless the court finds a knowing, intelligent, and voluntary waiver or that presence is inconsistent with the respondent’s best interests or likely to be injurious to self or others. Here is the usual path.

1. Fact review. You describe the adult’s history, your goals, and what has already been tried.
2. Filing in the right county. A petition belongs where the adult is physically located. However, in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. Under § 397.681, the clerk may not charge a fee for filing the petition.
3. Emergency orders, if needed. When an emergency exists, the court may enter an ex parte assessment and stabilization order under § 397.6818. A provider generally may not hold the person for more than 72 hours of observation, with listed exceptions.
4. Hearing. The court schedules the hearing under § 397.68151.
5. Order and follow-through. If the criteria are proved, the court may order treatment and keeps jurisdiction to monitor compliance.

What Representation Covers for the Petitioning Parent

A petitioner’s lawyer prepares the petition, organizes the evidence, and presents the family’s case at hearing. The petitioner keeps the burden of proof.

Representation for a petitioning parent typically includes:

• Preparing and filing the petition and supporting papers
• Advising you on what to say to the adult, the court, and treatment providers
• Appearing for the petitioner and presenting witnesses and records
• Explaining each order and what it requires of your family

The Fifth District has ruled that when the petitioner is absent, a trial court may not call and question the professional to supply the petitioner’s case. See C.W.R.K. and J.C. v. State. A Fourth District decision reached a different result and certified conflict, so the issue is not fully settled.

The adult named in the petition has the right to counsel at every stage, unless the adult waives that right while present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A respondent who desires counsel and cannot afford private counsel has the right to court-appointed counsel, under § 397.681. Learn more about respondent counsel in Florida. If you’re still deciding how to raise this with your loved one, read about talking to an adult about a court petition.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. You can read more on our Miami-Dade Marchman Act page.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our support staff, including assistants and office staff, help families organize documents, deadlines, and schedules. We focus on helping you present a clear, fact-based petition.

Marchman Act Questions Parents Ask Most

If an adult you love is struggling with substance use, you don’t have to work through the court process alone. Our team can talk through your situation. Call (561) 849-4149 or visit our contact page.