{"id":14835,"date":"2026-10-28T00:31:37","date_gmt":"2026-10-28T00:31:37","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-adult-child-out-of-state-florida\/"},"modified":"2026-10-31T03:52:20","modified_gmt":"2026-10-31T03:52:20","slug":"marchman-act-adult-child-out-of-state-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-adult-child-out-of-state-florida\/","title":{"rendered":"Marchman Act for an Adult Child Out of State, Florida"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade and South Florida<\/p>

Helping Florida Families When Their Adult Child Is Out of State<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida, including families whose adult child is living in another state.<\/p>

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

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A Florida Marchman Act petition for an adult child who lives out of state depends first on one fact: where that adult is physically located when the petition is filed. Florida law requires the petition to be filed with the clerk of the court in the county where the person is located Fla. Stat. \u00a7 397.681<\/a>. Your own Florida address does not set the filing county. This guide explains how the rule works, what a family can prepare from a distance, and what happens after filing.<\/p>\n

What a Marchman Act Petition Is and Who Can File One for an Adult<\/h2>\n

A Marchman Act petition is a court filing that asks a Florida judge to order an assessment, and possibly treatment, for an adult with substance use impairment. It is a civil court process, not a criminal charge.<\/p>\n

For an adult, the statute lets these people file: the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and past assessment and treatment (Fla. Stat. \u00a7 397.68112<\/a>).<\/p>\n\n

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If your adult child is struggling from far away, you don't have to sort out the Florida filing questions alone; call Robinson Casey at (561) 849-4149 to talk through the facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Can a Florida Marchman Act Petition Reach an Adult Child Who Lives Out of State?<\/h2>\n

Often, the answer turns on where the adult is, not where the parents live. Who may file is set by Fla. Stat. \u00a7 397.68112<\/a> (for an adult respondent, 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 county where the person is located is set by Fla. Stat. \u00a7 397.681<\/a>.<\/p>\n

Location and jurisdiction are separate questions. In J.P. v. J.N.<\/em>, the Fifth District Court of Appeal held that filing in the wrong county did not take away the circuit court’s jurisdiction. The problem was venue, meaning which county should hear the case. 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

An adult who is physically in Florida presents different facts than one who lives elsewhere with no presence here. Whether a particular adult can be reached depends on the facts. Those include where the person is at filing and what the court finds.<\/p>\n

Filing a Florida Petition When the Adult Child Is Physically in Florida<\/h2>\n

When the adult is in Florida, the petition goes to the clerk in that county. The clerk may not charge a fee to file it (Fla. Stat. \u00a7 397.681<\/a>). The petition must state:<\/p>\n