When Drinking at Home Puts Your Family at Risk, You Don't Have to Handle It Alone

When your husband drinks at home and the kids are seeing it

If your husband drinks at home and the kids can see it, Florida’s Marchman Act may give your family a court route for help. A spouse can file a petition asking a court to order an assessment and, if the legal standard is met, involuntary treatment.

You may be reading this late at night, worried about the children and unsure what comes next. You don’t have to decide anything today. This page explains who can file, what a petition must say, what the court does, and how to protect the children, money and home while you think it through.

What the Marchman Act is and who can file a petition

The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance abuse. The person who may need help is called the respondent.

For an adult, Florida law lets a petition be filed by the respondent’s spouse, a legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment. The statute names the respondent’s spouse as someone who may file. So a wife can file, and a husband in the same position can file too.

The Marchman Act is about treatment for a substance abuse problem. It is not a divorce case. The criteria can also apply when substance use and a mental health disorder happen together, under the involuntary admission criteria. If mental health is a main worry, bring those facts to a consultation so the right route can be chosen.

What a petition covers and what it cannot do

A petition asks the court to order an assessment and, if the criteria are proved, involuntary treatment services. It must name you and him, state your relationship, and set out the facts. Those facts must show why you believe he is impaired and has lost self-control. They must also show either a risk of physical harm to himself, herself, or others unless the court orders involuntary services, or that his refusal of care rests on judgment so impaired by substance abuse that he cannot appreciate his need for care or make a rational decision about it (§ 397.68141).

Useful facts include dates and details of incidents at home, effects on the children, missed work or money problems, and any past treatment attempts or refusals. A report from a qualified professional who examined him within 30 days may be attached.

The petition’s job is narrow. It asks the court about substance abuse treatment. Money, property and parenting questions are separate matters that need their own review. Whether the court orders treatment depends on the facts and the evidence heard.

How the process works, step by step, with a realistic timeline

1. Consultation. Review the facts, dates and records to see whether a petition fits your situation.
2. Documents. Build a timeline of incidents. Gather records you already have, plus bills or pay records that show household strain.
3. Filing. The petition goes to the clerk of court in the county where he is located. The clerk may not charge a filing fee. Court petitions and records are confidential and exempt from public disclosure.
4. Court action. The court decides whether he needs a lawyer and sets a hearing within 10 court working days unless a continuance is granted. He receives a copy of the petition and the notice of hearing. In an emergency, the court may enter an ex parte order for assessment and stabilization. A provider may hold him up to 72 hours unless an exception applies.
5. Hearing. The court reviews the petition, testimony, and evidence presented. The court hears family members familiar with his history. The court may order drug tests. He may refuse to testify.
6. Order. When the conditions for involuntary treatment are proved by clear and convincing evidence, the court may order treatment for up to 90 days. A renewal may be requested before the 90-day period ends, when the conditions justifying involuntary treatment services are expected to exist after 90 days of treatment services.

Protecting the children, finances and home while this unfolds

If anyone is in danger right now, call 911 first. Safety comes before any legal step.

Start a written log. Record dates, times, what happened and who saw it. Stick to facts, not opinions. Keep copies of records somewhere safe.

Protect the household’s money. Keep copies of bills, bank statements and records of lost income. Talk through any change to bank accounts before you make it.

Protect the children’s routines where you can. Keep arguments away from them. Use calm, age-appropriate words to explain that adults are working on the problem.

Your own health matters too. Rest, meals and sleep make it easier to make clear decisions.

Why Robinson Casey limits its practice to these matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida, including Miami-Dade County, and statewide. The practice covers Marchman Act petitions, involuntary commitment for addiction, guardianship, emergency temporary guardianship, plenary and limited guardianship, and mental health guardianship.

The responsible lawyer on this page is Richard J. Casey III, Esq. Our team includes support staff who help families gather documents and schedule consultations.

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

Frequently asked questions

Your next step toward a steadier home

If your husband drinks at home with the kids there, and you want the house steady again, you don’t have to carry this alone. Call (561) 849-4700 or request a consultation and talk through what you have seen at home.