Filing a Marchman Act Petition for Your Adult Son

When Your Adult Son Keeps Getting Worse and Refuses Help

Florida law lets certain family members ask a court to order an assessment for an adult who is severely impaired by substance use. That request is a Marchman Act petition for an adult son in Florida.

You have probably done the hard things already. You have paid for treatment, tried interventions, and set boundaries. He still keeps getting worse. Then came the overdose, the hospital stay, the arrest, or the day he disappeared.

Your fears are real. You fear he will overdose and die. You fear jail, or that he will end up homeless. You fear that nothing will ever work.

This page is for you if you are researching now. You don’t need to have chosen a step yet. It explains who may file, what a petition must show, and what happens in court.

What a Marchman Act Petition Is and Who Can File

A Marchman Act petition asks a Florida court to order an assessment for an adult with a substance use problem. If the legal criteria are met, the court can order treatment.

For an adult, the statute names who may file. The list includes the respondent’s spouse or legal guardian, any relative, a service provider, and an adult with direct personal knowledge of the impairment and prior treatment. A parent is a relative, so the “any relative” category applies.

A petition starts a court process. It is not the treatment order itself. This page covers adult sons; the statute handles minors separately.

What the Petition Must Show

A petition must name your son and you, state your relationship, and give specific facts. The facts must explain why you believe he is substance abuse impaired and has lost power of self-control. They must also show either a risk of harm to himself or others, or a refusal driven by impaired judgment (Fla. Stat. § 397.68141).

Dated events do the most work. Examples include overdoses, emergency room visits, police contacts, missed work or school, threats, or unsafe driving. A judge cannot act well on general worry.

Gather what you can. That means an incident log, hospital or police records, prior treatment history, and names of people who saw what happened. A petition may include an assessment done within 30 days before filing. If he refused an evaluation, the petition must say so.

How the Process Works, Step by Step

A Marchman Act case moves from filing, to an assessment, to a hearing, and then to a court order.

1. Consultation. Walk through his history, the recent crisis, and your goals. Bring dates and records.
2. Filing. The petition goes to the clerk in the county where he is physically located (Fla. Stat. § 397.681). Under Fla. Stat. § 397.681(1), the courts have jurisdiction of involuntary treatment petitions, and each petition must be filed with the clerk of the court in the county where the person is located. In Miami-Dade, adult filings go to the Miami-Dade Clerk of the Court.
3. Emergency order, if needed. If an emergency exists, the court can rely on the petition alone and enter an ex parte assessment and stabilization order (Fla. Stat. § 397.6818). A provider may not hold him more than 72 hours of observation unless a statutory exception applies.
4. Hearing date. The court must schedule a hearing within 10 court working days unless it grants a continuance (Fla. Stat. § 397.68151).
5. He has the right to counsel at every stage, though he may waive that right if he is present and the court finds the waiver knowing, intelligent, and voluntary (Fla. Stat. § 397.681). The petitioner bears the burden of proof (J.C. v. State).
6. Order. The court must find the conditions proven by clear and convincing evidence before ordering treatment, for up to 90 days (Fla. Stat. § 397.697). Discharge at the end is automatic unless a renewal is filed (Fla. Stat. § 397.6977).

What Parents Should Not Assume

Don’t assume his refusal settles the question. Don’t assume one crisis will resolve it either.

• Refusal alone is not evidence of lack of judgment, the statute says (Fla. Stat. § 397.675). Your petition needs specific facts beyond “he won’t go.”
• Don’t assume a hospital stay or an arrest ends the legal question. Each event is a dated fact you can document.
• Don’t assume a court acts on general worry. Judges need specific, dated facts.
• Keep a log: the date, what happened, who saw it, and copies of texts, call notes, and medical or police papers.
• Don’t confront him in ways that could make things unsafe for you or him. If there is immediate danger, call 911.
• Write down your goals for his treatment, your family’s safety, and your finances. A crisis strains all three.

Why Families Work With Robinson Casey on Marchman Act Matters

Robinson Casey focuses its practice on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team includes support staff who help families organize records and track court dates.

Consultations are confidential. Our team handles much of the paperwork and dates so you can focus on your son.

Past results do not predict any outcome. A prospective client may not obtain the same or similar results. A matter may be referred to another lawyer or firm. If yours is, we will tell you.

Common Questions About a Marchman Act Petition for an Adult Son

Most parents ask whether they can act without his consent. A petition does not need his consent to be filed.

Talk With Robinson Casey About Your Son’s Situation

If your son is in crisis now, a confidential conversation can show which Marchman Act options may fit his situation. You do not have to manage this alone. Call (561) 849-4700 or request a consultation.