Your Adult Child Refuses Help. You Don't Have to Face It Alone.

You’ve paid for treatment, tried interventions, and held firm on boundaries. Your adult child still keeps getting worse, and you’re looking for a legal way to get help.

A Marchman Act petition is a request filed with a Florida court. It asks a judge to order an adult into assessment and treatment for substance use when the legal criteria are met. Florida law also lets a qualifying relative file one.

Why You Are Looking at This Right Now

A recent overdose, relapse, hospital stay, arrest, or disappearance can change everything in a single day. You may be asking, “My adult son won’t get help. What can I do in Florida?”

If you’re in this place, you may be afraid of:

• An overdose that ends in death
• Incarceration after a legal problem
• Homelessness when housing falls apart
• Losing hope that anything will work

Managing each crisis alone wears you down. You want a legal path into proper treatment, with people who understand addiction.

What the Marchman Act Is and Who It Covers

The Marchman Act is Florida’s law for involuntary assessment and treatment of substance use.

To qualify, a person must meet the criteria for involuntary admission. There must be a good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder. Because of that impairment, the person must have lost the power of self-control with respect to substance use. Fla. Stat. § 397.675 sets out the full criteria.

Refusal alone is not the whole test. The statute says mere refusal to receive services does not, by itself, show a lack of judgment about the need for services. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”

The Baker Act is a different Florida law. It deals with mental illness. The Marchman Act is the one built around substance use.

Can You File a Marchman Act Petition for an Adult Child?

Yes, a relative can file. For an adult respondent, the petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior treatment. Fla. Stat. § 397.68112 sets out who may file.

The petition must name both people and explain their relationship. It must also lay out the facts that show why services are needed. Fla. Stat. § 397.68141 lists what the petition must contain.

If your child has not been assessed, or refused an evaluation, the petition must say so. A petition may also include a report from a qualified professional who examined the person within 30 days before filing.

The facts you can document matter most. Helpful information often includes:

• Recent overdoses, emergency visits, or hospital stays, with dates
• Incidents where your child was a danger to self or others
• The pattern of use over time
• Treatment tried before, and what happened
• Names of any providers already involved

How the Marchman Act Process Works, Step by Step

The petition goes to the clerk of the court in the county where your adult child is located. Fla. Stat. § 397.681 also says the clerk may not charge a fee for filing the petition.

1. Review the facts. Write a timeline of recent events, with dates, places, and who was present.
2. Gather records. Collect hospital, emergency, and treatment records you already have.
3. Counsel. Your child has the right to a lawyer at every stage. Hillsborough County v. Albrechta held that this right rests on due process.
4. Emergency path. In an emergency, the court may enter an order for assessment and stabilization based on the petition alone. A provider may not hold the person for more than 72 hours of observation, unless a listed exception applies. Fla. Stat. § 397.6818
5. Assessment and hearing. A person generally cannot be ordered into treatment without a clinical assessment. The court shall hear and review all relevant evidence, including testimony from family members familiar with your child’s prior history. Fla. Stat. § 397.6957

Timing depends on the facts of your case and the court’s calendar. No timeline can be promised in advance.

What a Marchman Act Petition Can and Cannot Do

The court keeps jurisdiction to monitor compliance.

The court may then add up to another 90 days. Fla. Stat. § 397.6975 covers renewal. Fla. Stat. § 397.6971

Fla. Stat. § 397.6977

A petition cannot cure addiction. It cannot make your child stay in treatment, and it cannot promise a particular result. A court order is time-limited, so planning for what comes after matters.

Guardianship is a separate court process.

How Robinson Casey Approaches Your Family’s Case

Robinson Casey is a Florida law firm for families who need a Marchman Act attorney. The firm focuses on Marchman Act petitions and guardianship matters. It serves families in Miami-Dade County, across South Florida, and statewide.

Richard J. Casey III, Esq. is the responsible lawyer for this page. The firm limits its practice to Marchman Act and guardianship matters, including involuntary commitment for addiction and emergency temporary guardianship.

Our team includes support staff who help families gather records, keep dates in order, and track each step. Before any filing decision, the firm explains each step in plain language and reviews the facts honestly with you.

Questions Parents Ask Before Filing

Take the Next Step Toward Getting Your Adult Child Help

Watching your adult child decline while you wait for the next crisis is exhausting. The next decision can feel urgent and heavy.

A confidential conversation can cover your facts, your petition options, and the steps that follow. The first consultation is free, confidential, and carries no obligation to continue.

Call (561) 849-4700 or request a consultation with Robinson Casey.