Marchman Act Petition for an Adult Son in Florida

You’ve spent years on treatment, interventions, and boundaries. Now your adult son says he isn’t using, and you believe he is. You may be asking whether you can still go to court.

In most cases, yes. A son’s denial doesn’t, by itself, prevent a family member from filing a Marchman Act petition in Florida. The petition turns on impairment and the need for help, shown through facts, not on what your son admits.

Where You Are Right Now

You are probably exhausted. You may have lost sleep waiting for a phone call, or sat in an emergency room while your son insisted he was fine. Moments like those change how a parent thinks about the next step.

Your question is a legal one. Florida law gives certain family members a route to ask a judge for help when an adult is substance abuse impaired. You don’t have to decide everything today. You do need to understand the route before you choose.

What the Marchman Act Is and Why a Hearing Is Scheduled

The Marchman Act is Florida’s law for substance abuse impairment.

The Legislature calls substance abuse impairment a disease that affects the whole family. The law’s stated purpose is services in the least restrictive environment that promotes long-term recovery (Fla. Stat. § 397.305).

A petition starts a court case. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). The hearing lets a judge review the facts before deciding anything.

The law also sits between doing nothing and a criminal case. The Legislature describes it as an alternative to criminal imprisonment for substance abuse impaired adults and juvenile offenders, used instead of or in addition to criminal penalties (same § 397.305 link above).

Can You Still Petition When Your Adult Son Says He Is Not Using?

Yes, a relative can still file. For an adult, a 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 prior treatment (Fla. Stat. § 397.68112).

It must also explain why you believe that impairment has left him unable to control his use (Fla. Stat. § 397.68141). It also needs a reason for harm to himself or others, or a reason his refusal of care comes from impaired judgment.

His denial is one fact the court may consider. It isn’t the whole case. The petitioner must prove by clear and convincing evidence that the person is substance abuse impaired and has a history of not complying with treatment, and that, because of that impairment, the person is unlikely to voluntarily participate in the recommended services or cannot decide whether services are needed. In addition, either without services the person is likely to neglect himself or herself, which poses a real and present threat of substantial harm and a substantial likelihood of serious bodily harm in the near future, or the person’s refusal of care is based on judgment so impaired by substance abuse that he or she cannot appreciate the need for care or make a rational decision about it (Fla. Stat. § 397.6957).

Write down dates, incidents, and who saw each one. The court may hear testimony from family members familiar with your son’s history, and it may order drug tests (same § 397.6957 link). What the court decides depends on the facts of each case.

Does Your Adult Son Have to Agree to Be Assessed?

No. He doesn’t have to agree for the case to move forward.

If he refused an evaluation, the petition must say so (Fla. Stat. § 397.68141). That refusal is noted, not hidden.

The statute also says that mere refusal to receive services is not, by itself, evidence that a person lacks judgment about his need for help (Fla. Stat. § 397.675). Refusing care doesn’t end the question. The court still looks at impairment and the risks the petition describes.

The Filing Process, Step by Step

First, gather your facts. Then the petition goes to the clerk of the court in the county where your son is located. The clerk may not charge a filing fee (Fla. Stat. § 397.681).

Location matters.

Your son has a right to counsel at every stage of the case, though he may waive that right if he is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily. The court decides whether he has a lawyer or whether one should be appointed (same § 397.681 link above; § 397.68151).

The court, not the family, decides whether treatment is ordered. If it orders treatment after the case is proved, the order can last up to 90 days (Fla. Stat. § 397.697).

For the full framework, read our Marchman Act guide. For the family’s side of the process, see how involuntary commitment works in Florida.

If Your Adult Son Misses a Hearing or Leaves Voluntary Treatment

Missing a hearing doesn’t end the case. The statute gives the court ways to respond. If a respondent doesn’t appear, for any reason including lack of service, the court may reissue an ex parte assessment and stabilization order. That order is valid for 90 days (Fla. Stat. § 397.6818).

The court must then continue the case for no more than 10 court working days if his location is known. It may also order a law enforcement officer to take him into custody and deliver him for evaluation (same § 397.6818 link).

An ex parte order that was not carried out by the first hearing date is deemed void (same § 397.6818 link). The court’s response depends on the facts it has in front of it.

If your son leaves a voluntary program early, our guide explains what happens after walking out of voluntary treatment in Florida.

The Fears Behind the Question: Overdose, Jail, Homelessness

You may fear that your son will overdose, be jailed, lose his housing, or that nothing will ever work. Those fears are heavy, and they make sense.

The criteria for involuntary treatment include a real and present threat of substantial harm, and a substantial likelihood that, without services, he will cause serious bodily harm to himself or others in the near future, proven by clear and convincing evidence. They also cover a person who is likely to neglect his own care (Fla. Stat. § 397.675).

It focuses on assessment and treatment, not punishment. The Legislature’s stated intent also includes social supports such as housing support and employment help for people with substance use disorders (Fla. Stat. § 397.305).

The law can’t promise safety, recovery, or any particular result. It is one tool a family can weigh. You don’t have to carry every part of it alone while the process unfolds.

Talk Through Your Son’s Situation Before You Decide Anything

A conversation is a reasonable first step. It isn’t a commitment. You can look at your own facts, your son’s history, and what the law would ask of you.

Call Robinson Casey at (561) 849-4149, or reach us through our contact page. The first consultation is free, confidential, and without obligation (consulta inicial gratuita, confidencial y sin compromiso).

A matter may be referred to another lawyer or firm if that is a better fit.

Frequently Asked Questions

Can I file a Marchman Act petition if my adult son says he isn’t using?
Yes. Any relative may file for an adult, and his denial doesn’t by itself decide the case.

Does my adult son have to agree to an assessment?
No. In a nonemergency, the court can order an assessment when it reasonably appears he qualifies.

Where do I file the petition?
File with the clerk of the court in the county where your son is physically located. The clerk may not charge a filing fee.