Ready to File? Start with a Marchman Act Attorney Who Knows the Process

How fast can a Marchman Act be filed in Florida? A petition can move quickly once the facts are written down accurately and the sworn statements are ready. The court’s later steps follow fixed timelines in the statute, not the filing date. This page explains what drives each stage and what to gather now.

When a Parent Needs a Marchman Act Petition Right Now

Maybe your adult child has just overdosed, left a hospital, relapsed after treatment, or disappeared and cannot be reached. You have tried treatment, boundaries, and hard talks. Nothing has held.

The Marchman Act is the part of Chapter 397, Florida Statutes, that lets a court order assessment and treatment for substance abuse impairment. A petition asks the court to act. It is not a criminal charge.

Florida law sets who may start the process. For an adult, § 397.68112 allows a petition from a 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. A parent is a relative, so a parent may file.

Robinson Casey focuses on Marchman Act and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

How Fast Can a Marchman Act Petition Be Filed in Florida?

The filing can happen quickly once the facts are ready. The court’s later steps are what follow set statutory clocks. Two stages shape the timing.

• Preparing the petition. Gathering accurate facts, writing sworn statements, and meeting the statute’s content rules take the most time.
• The court’s intake. The clerk must send the summons to law enforcement within 6 hours after it is issued, unless the chief judge allows private process servers (§ 397.68151).

If there is an emergency, the petition must describe the exigent circumstances and ask for an ex parte assessment and stabilization order (§ 397.68141). The court may enter that order on the petition alone, without appointing an attorney (§ 397.6818). A provider may not hold the person for more than 72 hours of observation, unless a listed exception applies.

The court must schedule the hearing within 10 court working days unless it grants a continuance (§ 397.68151). Timing still depends on the facts of your case and the court’s calendar.

What the Sworn Petition Must Describe

The petition must name the people involved and state facts that show why the family believes the person needs help.

The statute requires the respondent’s name, the petitioner’s name, the relationship between them, and the respondent’s attorney’s name if known.

Write facts as dates. Say what you saw, when, where, and who else was there. Labels like “addicted” or “out of control” give the court little to weigh.

A petition may include an assessment by a qualified professional done within 30 days before filing. If the person was not assessed or refused, the petition must say so.

Refusing help alone is not enough. The statute says mere refusal does not by itself show lack of judgment (§ 397.675).

When a document must be verified, Florida allows a written declaration. A person who knowingly makes a false declaration commits a third-degree felony (§ 92.525).

Records and Information to Gather Now

Start with the records you already have. Then write a dated timeline before you draft anything.

• Hospital discharge papers, emergency room records, or police reports, with the dates they cover.
• Prior treatment details: program names, admission dates, and reasons for discharge.
• Any assessment by a qualified professional from the last 30 days. A recent assessment can support a petition (§ 397.68111).
• The person’s current phone number and the places they stay or visit.
• Names and contact details for people who saw the behavior, such as a clinician, employer, or family member.

Family members with knowledge of the person’s history can testify at the hearing (§ 397.6957). If your child still lives with you, our guide for families at home covers that situation.

Filing With the County Court and What Follows

You file the petition with the clerk of court in the county where the person is physically located. The clerk may not charge a filing fee (§ 397.681).

Location matters. In J.P. v. J.N., the court held that filing in the wrong county did not take away the court’s jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.).

The respondent has the right to counsel at every stage, but the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily. Florida courts have treated that right as constitutional in Marchman Act proceedings (Hillsborough County v. Albrechta).

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days (§ 397.697).

If the person cannot be found, an ex parte order not carried out by the first hearing date is void. If the respondent does not appear at the hearing for any reason, including lack of service, the court may issue or reissue the ex parte order only if it reasonably believes the person meets this chapter’s commitment criteria and that a substance abuse emergency exists, and the order stays valid for 90 days (§ 397.6818).

In doing so, the court departed from the applicable statute, which requires the petitioner to inform the court that the respondent has been assessed so that the court may schedule a hearing as soon as is practicable (J.C. v. State). In J.C. v. State, the court reversed because the trial judge acted as the absent petitioner (J.C. v. State). Other districts may apply the rule differently. After treatment ends, our post-treatment guide explains next steps.

What Robinson Casey Handles for Urgent Marchman Act Filings

Robinson Casey focuses on Marchman Act and guardianship matters, including involuntary commitment for addiction. Our work stays within these areas, including emergency temporary guardianship and mental health guardianship.

• Reviewing your facts and timeline with you.
• Drafting the sworn petition in the form the statute requires.
• Identifying records and witnesses that support it.
• Preparing the filing for the county court where your child is located.
• Explaining each notice, summons, and hearing step as it arrives.

Our team handles the paperwork so you can focus on your child’s safety. Your first consultation is free, confidential, and carries no obligation to continue (in Spanish: consulta inicial gratuita, confidencial y sin compromiso).

Common Questions About Urgent Marchman Act Filings

Talk to Robinson Casey Before the Next Crisis

If your child was just discharged or has gone missing, you may be holding everything together alone. You do not have to map the court steps by yourself. Call (561) 849-4700 or request a free consultation to talk through your child’s situation.