{"id":14935,"date":"2026-10-28T05:28:24","date_gmt":"2026-10-28T05:28:24","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-parents-adult-children-florida\/"},"modified":"2026-10-30T03:23:04","modified_gmt":"2026-10-30T03:23:04","slug":"marchman-act-parents-adult-children-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-parents-adult-children-florida\/","title":{"rendered":"Marchman Act for Adult Child: Florida Parent Guide"},"content":{"rendered":"\n
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Marchman Act Guide \u00b7 Miami-Dade & South Florida<\/p>

Your Adult Child Is Struggling. You Don't Have to Figure Out the Court Process Alone.<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Learn how the process works and what your options are.<\/p>

Schedule a Free Consultation or Call (561) 849-4149<\/a><\/div>
Schedule a Free Consultation or Call (561) 849-4149<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 28, 2026<\/p>\n\n

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Your Adult Child Keeps Getting Worse, and You Are Looking for Another Way<\/h2>\n

Florida’s Marchman Act lets a parent ask a court to order assessment and treatment for an adult child with substance use impairment. This page explains how a Marchman Act case for an adult child works, in plain words.<\/p>\n

You may have spent years paying for treatment. You may have tried interventions and set firm boundaries. Then came an overdose, a relapse, a hospital stay, an arrest, or a day when your child simply disappeared.<\/p>\n

Your fears are real. You worry your child could overdose or die. You worry about jail, about homelessness, and about losing hope that anything will work. This page does not promise any result. It explains the legal option so you can decide your next step.<\/p>\n\n

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If your adult child's crisis has already reached the courts or the hospital, you do not have to face the next step alone, so call Robinson Casey at (561) 849-4149 to talk it through. 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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What the Marchman Act Is and Who Can File<\/h2>\n

The Marchman Act is Florida’s court process for substance use impairment. For an adult, a petition for involuntary treatment services may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.<\/p>\n

That means a parent can file. Florida law addresses minors separately in Fla. Stat. \u00a7 397.6798<\/a>, which allows an addictions receiving facility to admit a minor for involuntary assessment and stabilization upon an application by the minor’s parent, guardian, or legal custodian.<\/p>\n

The Baker Act is a separate Florida law with its own process. It is usually discussed for mental health conditions. Guardianship is also separate. Baker Act guide from Florida Courts<\/a><\/p>\n

What a Court Looks At Before It Acts<\/h2>\n

A petition for involuntary services must allege the reason for the petitioner\u2019s belief that the respondent is substance abuse impaired and has lost the power of self-control with respect to substance abuse. The statute also requires one more showing.<\/p>\n

For a minor, the application must establish the need for involuntary assessment and stabilization based on the criteria for involuntary admission in s. 397.675. So a parent’s worry or a child’s “no” is not enough. The court looks at a pattern over time. Dated events, medical records, and prior treatment help show that pattern.<\/p>\n

A petition must explain why you believe the person is impaired. It must also explain why the person has lost self-control, and either why harm is likely or why the person’s refusal of services is based on judgment so impaired by reason of substance abuse that the person cannot appreciate the need for care. Fla. Stat. \u00a7 397.68141<\/a> The petition must set out facts showing substance abuse impairment, the loss of power of self-control, and either a risk of physical harm or judgment so impaired that the respondent cannot appreciate the need for care. Section 397.68141 addresses petitions for involuntary services for substance abuse impairment.<\/p>\n

Common mistakes families make include waiting for a single crisis and keeping no written record. Another is assuming the child’s agreement decides the case. Clear facts, not general frustration, are what the petition needs.<\/p>\n

How the Process Unfolds, Step by Step<\/h2>\n

A Marchman case moves from petition to hearing to a possible order. Each county’s court moves at its own pace, and each case has its own timeline. Here is the usual sequence.<\/p>\n

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  1. Consultation and review.<\/strong> You share dates, records, and your concerns. The firm reviews the facts against the statute.<\/li>\n
  2. Filing in the right county.<\/strong> Section 397.68141 lists what a petition for involuntary services must contain; it does not specify which county’s clerk receives the petition. Filing in the wrong county may raise a venue question, which is a separate issue from jurisdiction.<\/li>\n
  3. Emergency orders, if needed.<\/strong> When an emergency exists, the court may rely on the petition and enter an ex parte order for assessment and stabilization. Fla. Stat. \u00a7 397.6818<\/a> A provider may not hold the person for more than 72 hours of observation unless a listed exception applies.<\/li>\n
  4. The hearing.<\/strong> If the respondent does not appear at the hearing for any reason, and the court reasonably believes the respondent meets the commitment criteria and that a substance abuse emergency exists, and the respondent’s location is known, the court must continue the case for no more than 10 court working days. Fla. Stat. \u00a7 397.68151<\/a> The court must schedule a hearing on the petition within 10 court working days unless a continuance is granted. Fla. Stat. \u00a7 397.6957<\/a> The court must hear and review the results of the assessment completed by a qualified professional before deciding the petition.<\/li>\n
  5. The order.<\/strong> At the end of the hearing, the court must either dismiss the petition or order the respondent to receive involuntary treatment services from his or her chosen licensed service provider if possible and appropriate. Any treatment order must include findings regarding the respondent’s need for treatment and the appropriateness of other less restrictive alternatives. Fla. Stat. \u00a7 397.6977<\/a> At the conclusion of the 90-day period of court-ordered involuntary services, the respondent is automatically discharged unless a motion for renewal of the involuntary services order has been filed with the court pursuant to s. 397.6975.<\/li>\n<\/ol>\n

    Evidence Families Gather Before Filing<\/h2>\n

    Records that show a clear pattern of impairment and failed care usually matter most. Start with what you already have. Then keep a dated written record from today forward.<\/p>\n