Helping Your Family Get a Husband the Care He Needs

Yes, a spouse can file a Marchman Act petition in Florida for an adult whose substance use has made the home unsafe. The petition asks a court to order assessment and, if the statute’s conditions are met, involuntary treatment. If you are searching for a Marchman Act for husband drinking at home Florida, this page explains who can file, what the court reviews, and what the process looks like.

Your husband drinks at home and the children are there: what you are living with

You are living with a problem you did not choose, and it is wearing your family down.

The drinking may be getting worse. His moods may change at night, and the children may start watching every move he makes. Money may disappear, and bills may go unpaid. A hospital visit or one frightening night may have made you think this cannot go on.

Your worries are real. You fear harm to your children. You fear financial ruin for the household. You fear what happens if nothing changes, and whether the marriage and the family can hold together.

You want to protect your children, get your husband real help, and bring stability back home. You should not have to carry all of that alone. Researching your legal options is a sensible step, and this page explains them in plain words.

What the Marchman Act is and who can file a petition

A spouse can file, and Florida law names that relationship directly. The Marchman Act is Florida’s process for court-ordered assessment and treatment of substance abuse.

For an adult, Fla. Stat. § 397.68112 allows a petition by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment. The person named in the petition is the respondent, whose substance abuse impairment is the subject of the petition. In your case, that is your husband.

Involuntary means he does not have to agree to treatment. The judge decides after a petition, notice, and a hearing. The petition goes to the clerk of the court in the county where he is located, under Fla. Stat. § 397.681.

Can you file when he drinks at home with the children present?

Yes, you can file. The petition has to rest on specific facts about his impairment and the harm it causes. Whether the court orders treatment depends on the facts and on the court’s findings.

Under Fla. Stat. § 397.68141, the petition must contain the name of the respondent, the name of the petitioner, the relationship between them, the name of the respondent’s attorney if known, and the factual allegations explaining:

• Why you believe he is substance abuse impaired.
• Why you believe he has lost the power of self-control with respect to substance use.
• Why you believe he has inflicted, or is likely to inflict, physical harm on himself or others unless the court orders the involuntary services, or why his refusal of care comes from judgment so impaired by substance abuse that he cannot appreciate his need for care or make a rational decision about it.

The standard for involuntary admission is in Fla. Stat. § 397.675. It asks whether there is a good faith reason to believe the criteria are met.

Children matter because the harm element covers physical harm to others. Specific events, like unsafe driving with the children in the car, give the court concrete facts. Quiet drinking with no incidents is harder to present. If he has not been assessed, the petition must say so.

What to gather and document before you file

Write down specific events with dates, times, places, and who else saw them. A petition is built on facts, not general statements.

• Dated notes: what happened, when, where the children were, and who was present.
• Records you can reach: police reports, emergency room visits, and any prior treatment or detox records you have access to.
• Messages and photos: keep them safely and lawfully.
• Witnesses: relatives, neighbors, school staff, or caregivers who saw what happened. Under Fla. Stat. § 397.6957, the court shall hear and review all relevant evidence, including testimony from family members familiar with his history.
• Money facts: missed bills and unexplained withdrawals, written as dates and amounts, not accusations.

Safety comes first. If anyone is in immediate danger, call 911 before anything else. Do not confront him while he is drinking. Write your notes afterward.

How the Marchman Act process works, step by step

The process moves in order, from petition to hearing to any treatment order.

1. Consultation. We review your facts, your documents, and what the children are experiencing.
2. Filing. The petition names him as respondent, states the facts, and goes to the clerk in the county where he is located.
3. Counsel. Under Fla. Stat. § 397.681, he has the right to counsel at every stage, unless he is present and the court finds that he knowingly, intelligently, and voluntarily waives that right.
4. Hearing date. The court must schedule a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151.
5. Assessment. He cannot be ordered into treatment without a clinical assessment, unless he is present and expressly waives it.
6. Hearing. Testimony is taken under oath, the proceedings are recorded, and the court may order drug tests.
7. Order. If the conditions are proved by clear and convincing evidence, the court may order up to 90 days of treatment under Fla. Stat. § 397.697.

Renewal and early release follow their own rules under Fla. Stat. § 397.6975 and Fla. Stat. § 397.6971.

Protecting the children and household while your case moves

Keeping the children safe starts now, before any court date.

• Write a simple safety plan: where the children go during a bad episode and which room is safest.
• Choose two or three trusted adults the children can reach, and share the plan with them.
• Keep car keys out of reach during drinking episodes.
• Log money problems and incidents as they happen.

If you face an emergency, the court may act quickly. Under Fla. Stat. § 397.6818, the court may rely solely on the petition and enter an emergency order without first appointing a lawyer. In D.H. v. K.J.R., the Second District reviewed an emergency order entered under § 397.6818(4), which allows the court, when the respondent does not appear at the hearing, to issue or reissue an ex parte assessment and stabilization order valid for 90 days if the court reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists.

If he can no longer manage his own affairs, a guardianship matter may be a separate question.

Why work with Robinson Casey on a Marchman Act petition

Robinson Casey limits practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide, including Miami-Dade.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Support staff help keep paperwork, dates, and filings organized.

The firm handles:

• Marchman Act petitions for involuntary assessment and treatment.
• Involuntary commitment for addiction.
• Emergency temporary guardianship, plenary guardianship, limited guardianship, and mental health guardianship.

The first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4700 or use the contact page to schedule.

Common questions from spouses about filing a Marchman Act petition

Fla. Stat. § 397.68112 lists a spouse among the people who may file for an adult.

Talk with Robinson Casey about your household’s next step

If you are still deciding whether a Marchman Act petition fits your home, you can start by talking it through. You may be doing this while your children sleep down the hall and your husband is in the next room. You don’t have to decide everything today. If his drinking has the children frightened and the money running out, contact Robinson Casey and we will review your facts with you.