{"id":15757,"date":"2026-11-01T03:53:32","date_gmt":"2026-11-01T03:53:32","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-adult-child-out-of-state\/"},"modified":"2026-11-09T22:05:31","modified_gmt":"2026-11-09T22:05:31","slug":"marchman-act-adult-child-out-of-state","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-adult-child-out-of-state\/","title":{"rendered":"Marchman Act Adult Child Out of State in Florida"},"content":{"rendered":"\n
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Marchman Act Attorney | Miami-Dade and South Florida<\/p>

When Your Adult Child Is Out of State, You Still Have Options<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. Start with a free, confidential first consultation, with no obligation to continue.<\/p>

Schedule a Free Consultation or Call (561) 849-4700<\/a><\/div>
Schedule a Free Consultation or Call (561) 849-4700<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 31, 2026<\/p>\n\n

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If your adult child has moved out of state and you’re running out of options, a Florida Marchman Act petition may be one legal path. A petition for an adult is filed with the clerk in the county where the adult is located. This page explains how a Marchman Act adult child out of state case works, step by step.<\/p>\n

What a Marchman Act Petition Is and Who It Is For<\/h2>\n

A Marchman Act petition asks a Florida court to order an assessment and, when the rules are met, treatment for an adult who is impaired by substance use.<\/p>\n

The court applies a specific test. Under \u00a7 397.675<\/a>, there must be a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. That impairment must have caused the person to lose the power of self-control. Mere refusal to get help is not, by itself, evidence of lack of judgment. Fla. Stat. \u00a7 397.675<\/a> reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”<\/p>\n

You may have paid for treatment, tried interventions, and held firm on boundaries. Your child may still be getting worse. A recent overdose, relapse, hospital stay, arrest, or disappearance may have pushed you to look for another route. That fear makes sense.<\/p>\n

The court makes the decision, not the family. Under \u00a7 397.697<\/a>, the court may order involuntary treatment only when the conditions are proved by clear and convincing evidence.<\/p>\n\n

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If your adult child has moved out of state and you feel stuck, you don't have to carry this alone. 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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Who Can File a Petition for an Adult Child<\/h2>\n

Under \u00a7 397.68112<\/a>, a petition for an adult respondent may be filed by:<\/p>\n