Marchman Act Attorney | South Florida and Statewide
Marchman Act Attorney Cost in Florida: A Parent's Guide to Planning Ahead
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Start with a free, confidential first consultation, with no obligation to continue.
By Richard J. Casey III, Esq. · Published November 1, 2026
How much does a Marchman Act attorney cost in Florida? There is no single price. The attorney’s fee depends on the work your case needs, and you should get the terms in writing before you agree to anything. Court filing fees work differently. Florida law says the clerk may not charge a fee to file a Marchman Act petition (Fla. Stat. § 397.681).
Why You Are Asking About Cost Right Now
You are asking about cost because you are trying to plan for a crisis you never chose. You have likely spent years paying for treatment, trying new programs, and holding firm boundaries. Then came the overdose, the hospital visit, the arrest, or the day you could not find your child.
Money is a real worry. So is the fear that your child will overdose, end up in jail, lose a place to live, or die. Clear numbers and clear terms can help you think straight, even when you are exhausted.
This page explains what a Marchman Act attorney does, what the fee generally covers, which other costs to ask about, and what to bring to your first conversation.
If your adult child has just been through another overdose, hospital stay, or arrest, you do not have to plan the next step alone. Reach out and we will talk through your facts with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
What a Marchman Act Attorney Does for a Family
A Marchman Act attorney helps a family ask a Florida court to order an assessment and, when the law allows, treatment for an adult with a substance abuse impairment. For an adult, Florida law lets a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment file that petition (Fla. Stat. § 397.68112).
For you, the attorney’s work includes:
- Reviewing your facts to see whether a petition fits your situation
- Preparing the petition, which must name the person, name you, state your relationship, name the person’s attorney if known, and lay out the facts behind the request (Fla. Stat. § 397.68141)
- Filing the petition in the county where your child is physically located
- Representing you at the court hearing
The petitioner carries the burden of proof. In the Fifth District, the court has said so directly (J.C. v. State). That work takes time, and time is part of the cost.
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, South Florida, and statewide. For a parent’s guide to the role, see the Marchman Act attorney guide.
What the Attorney Fee Generally Covers
The attorney fee pays for the lawyer’s time and work on your child’s case. Ask which of these steps your fee covers:
- Initial review of your facts and records
- Drafting and preparing the petition and supporting papers
- Communication with the court and other parties
- Attending the hearing on the petition
Get the scope in writing. Then you know which steps are included and which, if any, are billed separately.
Guardianship matters follow a different rule. In those cases, Florida law requires an itemized description of services for any fee or expense request (Fla. Stat. § 744.108). Ask for the same level of detail on any Marchman fee.
What Drives the Price of a Marchman Act Case
The price depends on how much work your case needs, and that depends on the facts of your family’s situation.
- Urgency. A filing that must happen within days takes more coordination than a planned one.
- Records. Prior treatment history, hospital reports, and police reports take time to gather.
- Recent assessment. A petition may include a professional’s report from an exam within 30 days before filing. If the respondent was not assessed before filing or refused to submit to an evaluation, the petition must say so (Fla. Stat. § 397.68141).
- Contested hearings. A respondent who fights the petition can lengthen the hearing.
- Related issues. A guardianship question or a co-occurring mental health condition adds work. See the dual diagnosis guide for that situation.
Ask how these factors affect your quote during the consultation.
Costs Beyond the Attorney Fee to Ask About
The clerk may not charge a filing fee for a Marchman petition. Other costs can still come up, so ask about them up front.
- Service of process fees. The court may prohibit, or a law enforcement agency may waive, these fees if the petitioner is found indigent (Fla. Stat. § 397.68112).
- Treatment costs. The court may order treatment from a publicly funded provider. It may order private treatment if the person can pay, or if someone on their behalf voluntarily shows willingness and ability to pay, once the court finds the conditions for involuntary treatment proved by clear and convincing evidence (Fla. Stat. § 397.697).
- Guardianship costs. In guardianship proceedings, costs may be awarded (Fla. Stat. § 744.105).
Bring this checklist to your call:
- What the quoted fee includes and what it excludes
- Who pays any service or delivery charges
- How treatment providers bill, and who pays them
- How long the quoted fee is honored
- A written list of everything you may owe
How the Process Works: From First Call to Hearing
The process moves from a first call to a consultation, then to filing and a court hearing.
- Call or request a consultation. Reach the firm at (561) 849-4700 or through the contact page. Describe the most recent crisis.
- Attend the first consultation. Robinson Casey offers a free first consultation. It is confidential, and you have no obligation to continue.
- Gather documents. Your attorney will tell you what to collect, such as prior treatment records, hospital or police reports, and contact details.
- File the petition. The petition is filed in the county where your child is located. In one Fifth District case, a petition filed in the wrong county was treated as a venue problem, not a loss of jurisdiction (J.P. v. J.N.).
- Attend the hearing. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151).
Ask for a realistic timeline for your county during the consultation. Court calendars vary, so get an estimate for your case.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Questions to Ask About Fees Before You Commit
Before you commit, ask these questions and request the answers in writing.
- What exactly does the quoted fee include, and what is billed separately?
- Will I receive a written fee agreement that lists every cost I may owe?
- Who will handle my case day to day, and how will I get updates?
- What information do you need from me to evaluate the petition?
- How do court scheduling and the county affect the timing and the fee?
Why Families Work With Robinson Casey
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. That focus keeps the work in one area of law.
Richard J. Casey III, Esq. is the responsible lawyer for this page. The firm’s lawyers and support staff work on family matters together. During your consultation, our team will walk you through the costs and steps in this guide, so you can decide what to do next.
Frequently Asked Questions
Does the clerk charge a fee to file a Marchman Act petition?
No. Florida law says the clerk may not charge a fee to file this petition (Fla. Stat. § 397.681).
Can a parent file a Marchman Act petition for an adult child?
Florida law lets any relative of an adult file a petition for involuntary treatment services (Fla. Stat. § 397.68112).
Does the person named in the petition get a lawyer?
The person named in the petition has the right to counsel at every stage, although they may waive it if they are present and the court finds the waiver is knowing, intelligent, and voluntary. A respondent who wants counsel and cannot afford private counsel has the right to court-appointed counsel (Fla. Stat. § 397.681).
Do I have to hire the firm after the consultation?
No. You decide whether to continue after the first conversation.
Talk With Robinson Casey About Your Child’s Situation
If your adult child has just been through another overdose, hospital stay, arrest, or disappearance, you may be searching for a legal route into treatment. You are not alone in that search. Bring your facts and your questions to Robinson Casey, or call (561) 849-4700, and we will talk through the next step with you.
What to Expect When You Call Robinson Casey
Free First Consultation
Your first consultation is free, confidential, and carries no obligation to continue. It is a chance to ask questions about your family's situation and the costs involved.
A Focused Practice
Our practice focuses on Marchman Act petitions and guardianship matters, so the questions you bring are handled by lawyers who work in these areas every day.
Clear Explanations of Costs
We explain the factors that affect cost in plain language, so you understand what your family may face before you decide on next steps.
Support for Families
Our team works with parents and relatives who are facing an urgent situation, and we keep you informed at each stage of the process.
Important: Cost Depends on Your Case
No attorney can predict the exact cost or outcome of a Marchman Act or guardianship matter before reviewing the facts. Fees depend on the details of your case, including the type of proceeding and the work required. Ask for a full explanation of all costs during your free consultation.
Common Factors That Affect Legal Costs
Type of Proceeding
A Marchman Act petition, an emergency temporary guardianship, and a plenary guardianship each involve different steps and different levels of work.
Complexity of the Case
Cases with multiple family members, contested facts, or urgent timelines often require more attorney time than straightforward matters.
Hearings and Court Appearances
The number of hearings and court appearances needed can change the overall cost. We discuss what to expect for your specific case.
Costs Beyond Attorney Fees
Court-related expenses and other costs may apply. We review every potential expense with you in writing so you can plan with confidence.