Thinking About Filing a Marchman Act Petition Yourself? Talk to Us First.

Yes. Florida’s Marchman Act lets a relative file a petition for an adult, and a parent is a relative. But the petition is a sworn court filing with strict content rules, and that is where many parents get stuck.

Where You Are Right Now

You have spent years on this. You paid for treatment, tried interventions and held firm on boundaries. Your adult child still keeps getting worse.

Then came the moment that pushed you to look for another way. It may have been an overdose, a relapse, a hospital stay, an arrest or a day your child simply disappeared.

You are afraid. You fear an overdose or a death, jail time, or your child living on the street. You may feel like you are managing this crisis alone.

This page explains the Florida process in general terms. It does not yet know your family’s facts, and it is not legal advice about your case.

The Short Answer: Can a Parent File It Alone?

Florida law allows a relative to ask a court to order an adult into assessment and treatment for substance use impairment.

This is a court case, not a form you drop off at an agency. Your name goes on the petition, the facts in it matter, and the judge acts on what it says. The governing rules sit in Chapter 397 of the Florida Statutes, and the key section on who may file is Fla. Stat. § 397.68112.

Who Is Allowed to File a Marchman Act Petition in Florida

For an adult, the law names who may file. The list includes a spouse or legal guardian, any relative, a service provider, and an adult with direct personal knowledge of the impairment and the prior course of assessment and treatment.

The list does not mention custody or a court appointment.

Your adult child is the respondent, the person the petition is about. If the respondent cannot afford a lawyer, the court can appoint one, as set out in Fla. Stat. § 397.681.

What a Marchman Act Petition Has to Say

A petition must name your adult child and name you as petitioner. It must state your relationship to the child and the child’s attorney, if known.

The facts are the heart of it. You must state why you believe your child is substance abuse impaired and why that impairment has taken away the power of self-control. You must also state either the harm your child has caused or is likely to cause, or why your child’s refusal of care comes from impaired judgment. These requirements come from Fla. Stat. § 397.68141.

Vague words like “he is getting worse” give the court little to weigh. Dated, specific events work better. Write down the overdose date, the emergency room visit, the missed court date, or the night your child left and did not come back.

The petition may include a report from a qualified professional who examined your child within 30 days before filing. If your child was never assessed or refused to submit to an evaluation, the petition must say so.

Florida also treats false sworn statements seriously. A knowingly false written declaration under penalties of perjury is a third-degree felony, under Fla. Stat. § 92.525. Every fact you include must be true to what you know.

What Happens After the Petition Is Filed

The court must schedule a hearing within 10 court working days, unless a continuance is granted, under Fla. Stat. § 397.68151. Your child must receive a copy of the petition and the hearing notice.

In an emergency, the court may enter an ex parte assessment and stabilization order without first appointing a lawyer, as described in Fla. Stat. § 397.6818.

At the hearing, testimony is taken under oath. The court hears relevant evidence, including from family members who know your child’s history. See Fla. Stat. § 397.6957.

If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days, under Fla. Stat. § 397.697. Whether that happens depends on the facts presented and the court’s findings.

In the Fifth District, a judge may not question the only witness in place of an absent petitioner, as held in J.C. v. State. That is Fifth District law, not a rule for every court in Florida.

Why Filing Alone Carries Real Risk

Filing alone is possible, but the paperwork and the deadlines are strict. A small mistake can cost time you do not have.

The petition goes to the clerk in the county where your child is physically located when you file. It does not go where you live. In J.P. v. J.N., the court treated a wrong-county filing as a venue problem, fixed by transfer.

Other common problems include vague facts, missing details about past assessment, and confusion about who must receive notice. Each one can slow the case.

Delay is the risk you fear most. Every week a case stalls is a week your child stays in the same danger. Choosing a path is a serious decision, and it deserves careful thought.

Talking With Robinson Casey About Your Family’s Situation

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team can review your family’s facts and explain how the petition process works in Florida. We cannot promise any particular result.

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

Next Step: Start With a Confidential Conversation

The next step is to talk about the specific events your family has lived through. Call (561) 849-4700 or use the contact page to begin that conversation.

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