{"id":14844,"date":"2026-10-28T00:47:05","date_gmt":"2026-10-28T00:47:05","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-lawyer-for-parents-florida\/"},"modified":"2026-10-28T00:47:13","modified_gmt":"2026-10-28T00:47:13","slug":"marchman-act-lawyer-for-parents-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-lawyer-for-parents-florida\/","title":{"rendered":"Marchman Act Lawyer for Parents in Florida | Robinson Casey"},"content":{"rendered":"\n
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Marchman Act Attorney | South Florida and Statewide<\/p>

A Clear Path Forward When Your Adult Child Needs Help<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. Richard J. Casey III, Esq. is responsible for this page.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
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Why Families Turn to Robinson Casey<\/h2>\n

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A Focused Practice<\/h3>

Our practice is limited to Marchman Act petitions and guardianship matters, so your case is handled by attorneys who work in these areas every day.<\/p><\/div>

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A Free, Confidential First Consultation<\/h3>

Talk with us about your family's situation at no cost. The consultation is confidential and comes with no obligation to continue.<\/p><\/div>

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Miami-Dade, South Florida and Statewide<\/h3>

We serve families throughout South Florida and across the state, bringing the same careful attention to every matter.<\/p><\/div>

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Compassion for Hard Decisions<\/h3>

Families facing a loved one's addiction or mental health crisis need clear answers. We explain the process in plain language so you can make informed decisions.<\/p><\/div><\/div>\n\n<\/div>\n\n\n

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

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A Marchman Act lawyer for parents in Florida helps a family ask a court to order assessment and, if the legal criteria are met, treatment for an adult with a substance use disorder. Relatives can file this petition, and it goes to the court in the county where the adult is physically located. This page explains who can file, what the petition must say, and what a petitioner’s lawyer handles. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in South Florida and statewide.<\/p>\n

What the Marchman Act Is and Who It Helps<\/h2>\n

The Marchman Act is Florida’s civil law for court-ordered help with substance abuse.<\/p>\n

A petition asks a judge to order an assessment first. If the court finds the criteria met, it can order treatment. Under Fla. Stat. \u00a7 397.697<\/a>, the court must find the conditions proved by clear and convincing evidence, and an order may last up to 90 days.<\/p>\n

Who can file? Under Fla. Stat. \u00a7 397.68112<\/a>, for an adult the petition may come from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.<\/p>\n

If you’re a parent watching an adult child’s use get worse, you may feel you have no safe option left. Your questions are reasonable. You don’t need every answer before you start.<\/p>\n\n

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If an adult in your life is struggling with substance use, our team can talk through what a Marchman Act petition would involve for your family. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Marchman Act vs. Baker Act: Which Law Applies<\/h2>\n

The Marchman Act deals with substance use. A separate Florida law, the Baker Act, deals with mental health crises. Many families face both problems at once.<\/p>\n

The Marchman Act criteria focus on substance use. They can also apply when a co-occurring mental health disorder is present, under Fla. Stat. \u00a7 397.675<\/a>.<\/p>\n

The difference matters because it shapes which petition is filed and which court process follows. The facts of the adult’s history decide that question. A lawyer can review those facts with you before anything is filed.<\/p>\n

What the Court Looks For in a Marchman Act Petition<\/h2>\n

A petition must state facts, not only worry. Under Fla. Stat. \u00a7 397.68141<\/a>, a petition for involuntary services must contain the name of the respondent, the name of the petitioner, the relationship between the respondent and the petitioner, the name of the respondent\u2019s attorney if known, and the factual allegations establishing the need for involuntary services. It must also give the factual reasons for the petitioner’s belief.<\/p>\n

The court looks for a reason to believe the adult has lost power of self-control over substance use. It also looks for either impaired judgment about the need for care or a real risk of harm. Refusing treatment alone is not evidence of impaired judgment, under \u00a7 397.675<\/a>.<\/p>\n

Useful evidence often includes:<\/p>\n