Worried About Your Spouse's Drinking and Your Children's Safety? Know Your Options.

When Your Spouse’s Drinking Puts the Kids at Risk

Florida lets a court order an adult with a substance problem to be assessed and, if needed, treated. The Marchman Act sets up that process, and a spouse can start it by filing a petition.

Maybe it happened last night. Maybe your spouse drove home drunk with the kids in the car, or a fight left the children scared. Now you’re covering school runs, watching the bills, and waiting for the next bad night. It can feel like you’re carrying all of it alone.

Your fears are probably specific. You worry about your children’s safety and well-being. You worry the money will run out. You wonder what happens if nothing changes, and whether the marriage and family can survive it. Those fears are reasonable.

This page explains what Florida law does about a drinking spouse, how a Marchman Act petition works, and how to protect your children while things play out. Divorce, property, and parenting-plan questions are separate family court matters, and this firm does not handle them. Richard J. Casey III, Esq. is the responsible lawyer for this page.

What Florida Law Says About a Spouse’s Drinking

A court asks whether a person has lost self-control over substance use and whether that puts them or others at risk.

Under § 397.675, a person may meet the criteria for involuntary admission. The test is a good faith reason to believe they are substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder. The impairment must cause them to lose the power of self-control.

That last point matters. The statute says a refusal to get services does not, by itself, prove poor judgment. Your petition needs facts behind your concern.

How a Marchman Act Petition Works

A Marchman Act petition is filed with the clerk of the court in the county where the person is located. Under § 397.68112, a spouse may file for an adult respondent. A relative, a service provider, or an adult with direct knowledge of the impairment and of the person’s prior course of assessment and treatment may file too.

The clerk may not charge a fee to file the petition (§ 397.681). A wrong-county filing is a venue problem, not a loss of the court’s power. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction, as stated in J.P. v. J.N..

The petition must give the facts. It must explain why you believe the person is impaired, why they lost control, and either what harm you expect or, if the person refuses care, the reason you believe that the refusal is based on judgment so impaired by reason of substance abuse that they are incapable of appreciating their need for care and of making a rational decision about it (§ 397.68141). In an emergency, the court may enter an ex parte order based on the petition (§ 397.6818).

The court must set a hearing within 10 court working days unless a continuance is granted (§ 397.68151). The respondent has the right to counsel at every stage, which the respondent may waive only if present and the court finds the waiver knowing, intelligent, and voluntary; if the court believes the respondent needs or desires counsel, the court shall appoint counsel without regard to the respondent’s wishes, and a respondent who desires counsel and cannot afford private counsel has the right to court-appointed counsel (§ 397.681). The U.S. Constitution’s due process protections support that right, as Hillsborough County v. Albrechta explains.

Appeals courts have split on one procedure. In the Fifth District, a judge may not call and question the assessing professional when the petitioner is absent (J.C. v. State). The Fourth District reached the opposite result and certified conflict (J.J.J. v. D.G.). In J.J.J. v. D.G., the court stated: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.” For what happens after filing, read the treatment and assessment guide.

What Evidence Shows the Children Are at Risk

Dated, specific facts carry the most weight. “He’s always drinking” gives a judge little to act on. Start a written log with the date, what happened, who was present, and any harm to the children.

Record concrete events. Examples include driving impaired with children in the car, leaving children alone, threats or violence, missed school or medical appointments, and changes in the children’s behavior. Save texts, voicemails, photos, and bills that show the drinking’s effect on money.

Keep what you saw separate from what you heard. A judge will look for details and consistency. Exaggeration can hurt you more than help. At the hearing, the court can hear testimony from family members who know the person’s history (§ 397.6957).

Protecting Your Children While the Situation Plays Out

If anyone is in immediate danger, call 911. That includes a spouse who is about to drive impaired with the children or who threatens violence.

Plan who will care for the children when your spouse is impaired. Tell a trusted adult the plan, and make sure the children know who to go to.

Avoid confronting your spouse during an episode or in front of the children. Keep bedtimes, meals, and school routines as steady as you can.

Where it is safe and lawful, control access to car keys, money, and medications in your own home. Write down any medication that goes missing.

Alcohol, Prescription Pills, and Other Substance Use

The statute sets the criteria for involuntary admission of a person who is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder (§ 397.675).

Describe the pattern in plain facts. Write down what they drink or take, how often, and what happens when they try to stop or cut back. Specific examples help a court understand the problem. For alcohol cases, see the alcohol use guide.

If a person has a substance use disorder and a co-occurring mental health disorder, the statute covers that combination when, because of that impairment or disorder, the criteria in § 397.675 are met (§ 397.675). Describe both accurately, and keep dates and examples for each.

Custody, Time-Sharing, and Treatment Evidence in Family Court

A Marchman Act case and a family court case are separate. The first asks whether a person needs assessment and treatment. The second asks how parents share time and decisions for the children.

Family court judges focus on the children’s safety when they set parenting arrangements. Records of treatment, testing, and recovery efforts can be part of that picture. Those questions fall outside this firm’s practice, so keep them in mind as separate matters.

Marchman Act petitions, court orders, and related records are confidential under state law. The clerk may not publish personal identifying information in a public court file (§ 397.6760).

Getting Help for Yourself and Your Family

A first conversation can cover your spouse’s drinking history, recent incidents, your children’s situation, household finances, and the outcome you want for your family. Bring your incident log, financial records, and any treatment history you already have. Write down your questions about the process.

Frequently Asked Questions