{"id":13637,"date":"2026-10-27T08:07:44","date_gmt":"2026-10-27T08:07:44","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-family-out-of-state-marchman-act\/"},"modified":"2026-10-31T01:54:28","modified_gmt":"2026-10-31T01:54:28","slug":"involuntary-commitment-addiction-family-out-of-state-marchman-act","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-family-out-of-state-marchman-act\/","title":{"rendered":"Marchman Act Lawyer: File From Out of State Florida"},"content":{"rendered":"\n
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Marchman Act Attorney | South Florida and Statewide<\/p>

Marchman Act Help for Families Filing From Out of State<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters, helping families who live outside Florida take the first steps in the state. Schedule a free, confidential first consultation.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 27, 2026<\/p>\n\n

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If your loved one is in Florida and you live somewhere else, you may still be able to start a case. To file Marchman Act from out of state Florida, the petition goes to the clerk of the court in the county where your loved one is located. This page explains who can file, where the case goes, the steps and deadlines, and what happens after a court order.<\/p>\n

What Is Florida’s Marchman Act and Who Can Use It?<\/h2>\n

The Marchman Act is a Florida court process for getting an adult with a substance use problem assessed and, when the law allows, treated. It can apply even when that person refuses help.<\/p>\n

For an adult, the law lets 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 file a petition. \u00a7 397.68112<\/a><\/p>\n

A court can order involuntary treatment only if the criteria are met.<\/p>\n

Families usually reach this point when a loved one refuses care while substance use puts them or others at risk.<\/p>\n\n

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If your loved one is in Florida and you are working from another state, you do not have to sort out the court steps alone. Our team can talk with you about your situation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Can You File a Marchman Act Petition From Out of State?<\/h2>\n

Yes. Your own address does not decide where the petition goes. The county where your loved one is physically located does.<\/p>\n

\u00a7 397.681<\/a> says the petition must be filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it. The impaired person is named as the respondent.<\/p>\n

Location errors matter. In J.P. v. J.N.<\/a>, a petition was filed in the wrong county. The court held that the filing did not take away the circuit 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.<\/a>)<\/p>\n

The respondent has a right to counsel at every stage of a judicial proceeding on the petition, 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. \u00a7 397.681<\/a> If the respondent wants a lawyer and cannot afford one, the court appoints counsel. The clerk then notifies the office of criminal conflict and civil regional counsel. \u00a7 397.68151<\/a><\/p>\n

You do not have to sit in the courtroom. Witnesses may attend remotely and testify under oath by audio-video technology. They must give the parties their documents by the close of business the day before the hearing. \u00a7 397.6957<\/a><\/p>\n

Out-of-state filers usually take these steps:<\/p>\n