A quiet, empty living room with a worn sofa, a mug of tea, and a notebook on a wooden side table.

Marchman Act and Guardianship Matters in Florida

My Son Is an Addict. What Can I Do to Help?

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters. Start with a free, confidential first consultation, with no obligation to continue.

Our Focus

Free

Confidential first consultation, with no obligation to continue

Florida

Practice limited to Marchman Act and guardianship matters

1

Richard J. Casey III, Esq., responsible attorney

By Richard J. Casey III, Esq. · Published October 14, 2026

Watching your son struggle with addiction is one of the hardest things a parent can face. You want to help, but you may feel lost about what actually works—and where your responsibility ends and his begins. The truth is that addiction is a medical condition, not a moral failing, and your role as a parent has real limits. Understanding those limits, learning practical steps you can take, and knowing when legal intervention may be necessary can help you navigate this painful situation with clarity and purpose.

Understanding Your Role as a Parent

Addiction is recognized as a substance use disorder—a medical condition that affects the brain’s reward and decision-making systems. Your son’s addiction is not something he chose, and it’s not something you caused. At the same time, recovery is ultimately his choice to make.

As a parent, you can offer support, encouragement, and information. You cannot force him to want recovery. You cannot control his decisions. And you cannot heal him by yourself. Accepting these limits is not giving up—it’s being realistic about what actually helps.

The emotional toll on you is real. Many parents experience guilt, fear, anger, and exhaustion while watching a child struggle with addiction. These feelings are valid. Your wellbeing matters too.

Not sure what your next step is?

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Scattered white pills and an empty blister pack lie on a wooden surface.

How Can I Help My Addict Son?

There are concrete steps you can take to support your son while protecting yourself:

Communicate without judgment. Talk to him about your concerns from a place of love, not blame. Use “I” statements: “I’m worried about you” rather than “You’ve ruined your life.” Listen to what he says, even if you don’t agree with it.

Encourage professional treatment. Research addiction treatment options in your area—detoxification programs, rehabilitation facilities, therapy, and support groups. Offer to help him find resources or attend an appointment with him. Many treatment programs offer family counseling, which can help you both.

Set healthy boundaries. Decide what you will and will not do. Will you pay for treatment? Will you allow him to live in your home? Will you give him money? Be clear about your limits and stick to them. Boundaries are not punishment—they’re protection.

Avoid enabling. Enabling means doing things that make it easier for him to continue using. Paying his bills, making excuses for him, or protecting him from consequences of his addiction can actually prolong it. It’s painful, but sometimes the best help is stepping back.

Take care of yourself. Seek your own support through counseling, support groups for families of people with addiction, or trusted friends. Caregiver stress is real and can harm your own health. You cannot pour from an empty cup.

How to Help an Addict Who Doesn’t Want Help

Readiness for treatment is not always immediate. Your son may deny he has a problem, refuse to talk about it, or reject every suggestion you make. This is common and frustrating.

What you can do: keep the door open. Express your concern calmly and consistently. Provide information about treatment when he’s willing to listen. Model healthy choices. Maintain your relationship, even if it feels distant.

What you cannot do: force him to want help before he’s ready. Ultimatums rarely work unless you’re prepared to follow through.

If his addiction has become dangerous—if he’s at risk of overdose, harming others, or losing everything—a formal intervention may be worth considering. An intervention is a structured conversation, often led by a professional, in which family and friends express their concerns and encourage him to seek treatment. It doesn’t always work, but it can sometimes be the moment that breaks through denial.

Supporting a Family Member While Caring for Yourself

Your son’s addiction is not your responsibility to fix. Your responsibility is to yourself and your own family.

Join a support group. Organizations exist specifically for parents and family members of people with addiction. Hearing from others who understand your situation can reduce isolation and provide practical advice.

See a therapist or counselor. Processing your own feelings—guilt, anger, fear, grief—with a professional can help you respond more clearly and protect your mental health.

Set and enforce boundaries. Decide what you will tolerate and what you won’t. Communicate those limits clearly and follow through when they’re crossed.

Recognize that caregiver stress is real. Fatigue, anxiety, depression, and physical illness are common among parents supporting loved ones with addiction. These are not signs of weakness—they’re signs that you need support.

When Voluntary Treatment Isn’t Working: Legal Options in Florida

If your son has repeatedly rejected treatment, if his addiction is escalating, or if he poses an immediate danger to himself or others, voluntary encouragement may not be enough. In Florida, you have legal tools available.

The Marchman Act is Florida’s civil commitment law for substance abuse. Under the Marchman Act, Fla. Stat. §§ 397.6811 and 397.675, certain family members, including parents, may ask a court to consider a petition for involuntary assessment and treatment of a person whose substance use meets the statutory criteria. Other requirements also apply, and the court decides based on the evidence and its discretion. This is not a punishment. It’s a legal mechanism to get someone into treatment when they cannot or will not seek it themselves.

Under Florida’s Marchman Act, whether a person may be involuntarily admitted for assessment and treatment of a substance use disorder is decided by the court, based on the evidence and its discretion, and other requirements may also apply.

What Is the Marchman Act and How Does It Work?

You describe your son’s substance abuse, the threat it poses, and why you believe involuntary assessment is necessary. You may include statements from family, friends, doctors, or others with firsthand knowledge.

After a petition is filed, the court reviews it and may schedule a hearing. The timing depends on the court’s schedule and discretion and the circumstances of each case. You may present evidence, such as medical records, documentation of overdoses or dangerous behavior, or failed treatment attempts, that relates to the criteria in § 397.675. The court decides based on the evidence and its discretion, and other requirements may also apply. Your son has the right to be heard and to have an attorney represent him.

If the judge finds that the criteria are met, he or she may order your son into involuntary assessment and treatment. This is not jail. It’s a medical evaluation and treatment program, and its length depends on the court’s order, the provider, and the circumstances of each case. The goal is to stabilize him, assess his needs, and connect him with ongoing treatment.

This is a powerful tool, but it’s also a serious step. An attorney familiar with the Marchman Act can help you understand whether this tool fits your situation and guide you through the process.

Not sure what your next step is?

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Signs Your Son May Need Intervention Beyond Encouragement

Consider whether legal intervention might be appropriate if:

  • He has tried treatment multiple times and relapsed or refused to engage
  • His substance use is escalating or becoming more dangerous
  • He has overdosed or come close
  • He is homeless, jobless, or has lost family relationships due to addiction
  • He is engaging in criminal behavior or violence
  • He refuses to acknowledge the problem or seek any help
  • His addiction poses a direct threat to his safety or the safety of others

These are not easy signs to recognize when it’s your son. But they are signs that the situation has moved beyond what encouragement alone can address.

Two women sit close together in a hospital waiting room, one comforting the other.

Taking the Next Step: When to Seek Legal Guidance

If you recognize these signs in your son’s situation, it may be time to speak with an attorney about your legal options. Understanding the Marchman Act, the process for filing a petition, and what to expect in court can help you make an informed decision about whether intervention is right for your family.

You don’t have to navigate this alone. Robinson & Casey focuses on Marchman Act petitions, and our team can explain your rights, answer your questions, and help you understand the next steps. This is not about punishment or giving up on your son. It’s about using every tool available to protect him and give him a chance at recovery.

If your son’s addiction has reached a crisis and you’ve exhausted other options, contact Robinson & Casey to discuss whether the Marchman Act or other legal intervention may be appropriate for your situation. Call (561) 849-4149 or schedule a consultation to speak with an attorney who understands what you’re facing.

The information on this website is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Results in prior cases do not guarantee similar outcomes in future matters. Please consult a licensed Florida attorney for advice specific to your situation. Robinson Casey, 6400 Congress Ave #2050, Boca Raton, FL 33487.

How We Can Help You Think Through Your Options

Confidential Conversation

Share your situation in a private, confidential first consultation. There is no obligation to continue after it.

Clear Explanation of Florida Law

We explain how the Marchman Act and related guardianship procedures work so you can understand the paths that may be available.

Practical Next Steps

We discuss the information and documentation that may be relevant to your situation, without promising how a court will rule.

Focused Attention

Our team supports Richard J. Casey III, Esq., who limits his practice to Marchman Act petitions and guardianship matters.

If Your Son Is in Immediate Danger

If there is an emergency or your son may harm himself or someone else, call 911 right away. Legal options take time, and a court decides each case based on its own evidence and discretion.

Matters We Handle

Marchman Act Petitions

Other requirements may apply, and the court decides based on the evidence presented.

Involuntary Commitment for Addiction

Florida law addresses involuntary assessment and treatment for substance use in specific circumstances. Whether a court orders any commitment depends on the statute's requirements and the court's discretion.

Guardianship Matters

The type available depends on the facts of your case and the court's determination.

Questions to Bring to Your Consultation

Bring a timeline of events, any prior treatment records, and a list of your questions. This helps us understand your situation during your free first consultation.

You Do Not Have to Figure This Out Alone. Start With a Free, Confidential Consultation.

Related practice areas

Call Now — Free Consultation (561) 849-4149