Marchman Act and Child Custody in Florida: What Changes for Your Family

It is a court order for substance use treatment. Custody and parenting time are handled in family court, and a Marchman Act case can be one fact that court weighs. This page explains how these tracks differ, so a worried family member can see which question is open.

Short Answer: Does a Marchman Act Order Change Custody?

A parent’s substance use can be one fact in that case. The outcome depends on the facts of each family’s situation.

If a parent is in crisis, a child’s living arrangement can feel uncertain overnight. That worry is real. It helps to know which court handles which question.

What the Marchman Act Covers and What It Does Not

The Marchman Act is Florida’s civil process for court-ordered assessment and treatment of a person with a substance use problem. Its official short title is the Hal S. Marchman Alcohol and Other Drug Services Act.

For an adult, a petition can be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance use and treatment history (Fla. Stat. § 397.68112). If the person in treatment is a minor, only a parent, legal guardian, or service provider may file.

The Baker Act deals with mental health crisis. The Marchman Act deals with substance use. The two are not interchangeable. Most importantly, the Marchman Act order is about treatment. It does not rule on which parent a child lives with.

How Custody and Parenting Time Are Decided Separately

A Marchman Act case and a custody case can run at the same time. Each has its own filings, hearings, and standards. Treatment progress can also come up later, when a parent asks a court to change an arrangement. How a judge rules depends on the full record in that case.

When Child Safety Brings in Dependency Proceedings

When a child may be unsafe, the matter can move into Florida’s dependency system. It is separate from both the Marchman Act and ordinary custody cases.

In dependency cases, parental drug abuse can lead to court-ordered case-plan services and drug testing (Guardian ad Litem Office practice guide).

Dependency cases bring in different parties, deadlines, and remedies. No single fact decides whether one opens. Knowing which process is open helps a family plan for the child’s care.

How Long a Marchman Act Case Lasts and What the Timeline Looks Like

If the conditions for involuntary treatment services are proved by clear and convincing evidence, a court can order involuntary treatment for a period not to exceed 90 days (Fla. Stat. § 397.697).

If the conditions still exist near the end, the service provider, or the person who filed the original petition with supporting documentation from the service provider, may petition for renewal under § 397.6975 before the court-ordered period ends. The court must immediately schedule a hearing within 10 court working days, to be held not more than 15 days after the petition is filed. Fla. Stat. § 397.6975 reads: “The hearing is conducted pursuant to ss. 397.6957 and 397.697 and must be held before the circuit court unless referred to a magistrate.” A renewal can add no more than another 90 days (Fla. Stat. § 397.6975).

Early release is possible. A person may be discharged early on any of several grounds, including no longer meeting the criteria for involuntary admission and consenting to voluntary status, no longer needing treatment services, or the provider’s director finding the person beyond its safe management capabilities (Fla. Stat. § 397.6971).

In an emergency, a judge may act on the petition alone and enter an ex parte order. That order is void if it is not carried out by the initial hearing date (Fla. Stat. § 397.6818). A provider may not hold the person for more than 72 hours of observation unless a listed exception applies.

Keep a written list of every date on the order. Those dates shape planning for a child’s caregiver.

What a Court Looks for in a Petition and the Supporting Evidence

A petition must give the court a reason to believe the person is impaired by substance use. It must also show the person has lost self-control over that use. The petition must name the respondent, the petitioner, and how they are related (Fla. Stat. § 397.68141).

The petition must also allege either a risk of physical harm to self or others, or judgment so impaired that the person cannot see the need for care. A professional’s exam within 30 days before filing can accompany the petition. If there was no assessment, the petition must say so.

Courts hear relevant evidence, including testimony from family members who know the person’s history.

Who carries the burden matters. In one Fifth District case, the trial court called and questioned the only witness after the petitioner was absent. The appeals court reversed, because the judge was functioning as the absent petitioner (J.C. v. State). The Fourth District later reached a different result and certified a conflict. In J.J.J. v. D.G., the court wrote: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.” (J.J.J. v. D.G., No. 4D2023-2185 (Fla. 4th DCA July 24, 2024))

Venue also matters. A wrong county is a venue problem, not a loss of jurisdiction (J.P. v. J.N.).

Protecting a Child While a Parent Is in Treatment

A relative may ask a court to appoint a guardian for a minor. A guardian of a minor has the authority of a plenary guardian (Fla. Stat. § 744.3021).

A parent who is not the petitioner must receive formal notice (Fla. Prob. R. 5.555).

Guardianship is a separate court process from a Marchman Act case, with its own standards.

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible attorney for this page.

For more on the family side of this question, read Marchman Act child custody and parent addiction in Florida.

If a parent’s substance use has you worried about a child’s home, you don’t have to figure out the court system alone. Call (561) 849-4149 or request a consultation. The first consultation is free, confidential, and carries no obligation to continue.