{"id":15851,"date":"2026-11-01T07:12:40","date_gmt":"2026-11-01T07:12:40","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/adult-child-using-drugs-at-home-florida-legal-options\/"},"modified":"2026-11-09T09:43:03","modified_gmt":"2026-11-09T09:43:03","slug":"adult-child-using-drugs-at-home-florida-legal-options","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/adult-child-using-drugs-at-home-florida-legal-options\/","title":{"rendered":"Adult Child Using Drugs at Home in Florida: Parent Options"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

Your Adult Child Is Using Drugs. You Don't Have to Figure Out the Legal Options Alone.<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida. Learn what options may be available to you, then talk with our team.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published November 1, 2026<\/p>\n\n

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Your Adult Child Is Using Drugs at Home: Where You Stand Today<\/h2>\n

Parents of an adult child using drugs at home in Florida can ask a court for help through the Marchman Act. That process can apply when voluntary treatment is refused. This page explains what the law says, what you can do at home, and where the risks are.<\/p>\n

If you’re reading this, you’ve probably tried almost everything. You’ve paid for treatment, set boundaries, and lost sleep waiting for the next phone call. Then came the overdose, the hospital visit, the arrest, or the day your child disappeared.<\/p>\n

Most parents in your position fear the same things. They fear an overdose that ends in death, a child who ends up in jail, a child who ends up homeless, and a slow loss of hope that anything will work. Those fears make sense. For the broader picture, see our Marchman Act attorney guide<\/a>.<\/p>\n\n

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Not sure what your next step is?<\/h3>

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

How Do I Help My Son or Daughter Get Off Drugs When They Refuse Help?<\/h2>\n

You can’t make an adult stop using drugs by willpower alone. Refusing help can leave you feeling powerless, but you still have choices that don’t depend on your child’s agreement.<\/p>\n

Keep the lines of communication open, and stay calm. The Partnership to End Addiction<\/a> advises parents to listen rather than lecture, focus on health and safety, and pick a calm moment to talk. Learn the signs of use, and write down what you see, with dates.<\/p>\n

Steady, calm messages often matter more than one big fight. Your child may hear you even when they say no.<\/p>\n

Get support for yourself, too. Helping is not the same as rescuing, and we cover that difference in the enabling section below. If your child refuses care while still in danger, Florida law offers a court route.<\/p>\n

Can I Force an Adult Child Into Treatment in Florida?<\/h2>\n

A parent can ask a Florida court to order an adult child into involuntary treatment.<\/p>\n

Under the current text of the statute, a petition for an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse impairment and prior treatment. A petition for a minor may be filed by a parent, legal guardian, or service provider.<\/p>\n

The court must find 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, and that because of this the person has lost the power of self-control and also meets one of the further criteria: being in need of services and incapable of appreciating that need or of making a rational decision about it; or being likely to neglect themselves without care or treatment, where that neglect poses a real and present threat of substantial harm and the harm cannot apparently be avoided through willing, able, and responsible family or friends or other services; or there is a substantial likelihood of inflicting physical harm on self or others. Fla. Stat. \u00a7 397.675<\/a> The statute also says that mere refusal of services does not, by itself, constitute evidence of lack of judgment about one’s need for those services. 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.” Your petition needs specific facts, such as repeated overdoses, dangerous behavior, or a child who cannot care for themselves.<\/p>\n

Fla. Stat. \u00a7 397.68151<\/a> The court shall schedule a hearing to be held on the petition within 10 court working days unless a continuance is granted.<\/p>\n

When the petitioner asserts emergency circumstances, the court may rely solely on the contents of the petition and enter an ex parte order for the respondent’s involuntary assessment and stabilization. D.H. v. K.J.R.<\/a><\/p>\n

Be ready to testify. The Fifth District has reversed an order where the trial court questioned the only witness while the petitioner was absent. J.C. v. State<\/a><\/p>\n

No judge can promise an outcome, and a petition can be denied. Learn what happens after a denial. If minor children also live in the home, see how the Marchman Act can protect children.<\/p>\n

How to Plan a Family Intervention With Your Adult Child<\/h2>\n

An intervention is a planned meeting where family members state specific harm, offer a treatment option, and agree in advance on consequences. A rushed meeting can end in anger and no treatment, so plan it carefully.<\/p>\n

Choose who attends. Pick people your child respects and who can stay calm. Leave out anyone likely to argue or to rescue your child from consequences.<\/p>\n

Write down specific examples of harm, with dates where you can. Decide your boundaries before the meeting, not during it. Practice what you’ll say, and keep it short.<\/p>\n

Avoid ultimatums you won’t enforce. Each consequence you name should be one you can carry out. Some families hire a professional interventionist to lead the meeting. An intervention works best when the adult is willing to consider help, so have a treatment option ready to offer.<\/p>\n

An intervention does not replace legal options. If your child refuses treatment and stays in danger, the Marchman Act process may still apply.<\/p>\n

Can I Evict My Adult Child From My Home in Florida?<\/h2>\n

Removing an adult child who lives in your home can involve legal steps. Acting alone can create legal and safety risks. Changing the locks or putting belongings outside without a court process can backfire, so pause before you act.<\/p>\n

Before you take any step, find out a few facts. How long has your child lived there? Whose name is on the lease or deed? Who else lives in the home? Those facts shape which legal steps may apply, and a lawyer can review them with you.<\/p>\n

Gather your records now. Write down dates of incidents, keep copies of texts and voicemails, and list any police or hospital reports you have. A dated record helps you think clearly and gives an attorney something concrete to review.<\/p>\n

When the goal is treatment and safety, a court route may address the problem better than a fight at the front door. The Marchman Act is one such route.<\/p>\n\n

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What to Do During an Overdose or Crisis With a Family Member Using Drugs<\/h2>\n

In an overdose, call 911 right away and follow the dispatcher’s instructions. Stay with the person, and don’t leave them alone to sleep it off.<\/p>\n

Ask a pharmacist how to get naloxone (Narcan), and how to use it, before you need it. Knowing where it is and how to use it can save time in an emergency.<\/p>\n

Keep a written log of overdoses, hospital visits, threats, arrests, and requests for money. Record what happened, when, and who saw it. Courts hear testimony from family members about the respondent’s prior history, and Fla. Stat. \u00a7 397.6957<\/a> gives that testimony a place in the hearing. A log helps you recall details accurately.<\/p>\n

You are not required to take on your child’s crisis alone. Decide now who you can call for backup, and who can stay with you during the next emergency.<\/p>\n\n

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Not sure what your next step is?<\/h3>

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

Enabling Versus Helping: Protecting Your Child Without Carrying the Crisis Alone<\/h2>\n

Enabling means shielding your adult child from the results of drug use. Helping means supporting treatment and keeping your limits. Enabling often starts with love and slowly makes the problem worse.<\/p>\n

Enabling looks like paying debts tied to drug use, covering for missed work with a false excuse, or handing over cash you suspect will go to drugs. Helping looks different. You might drive your child to an assessment, pay a treatment provider directly, or enforce the limits you set.<\/p>\n

Boundary statements can be short and calm. Try: “I love you, and I will help you get treatment. I won’t lend money.” Or: “If you’re using in my house, you’ll need to stay somewhere else.” Say it once, then follow through.<\/p>\n

You can change your own responses today, without knowing whether your child will accept treatment. That shift can reduce the chaos at home, even if your child stays angry.<\/p>\n

Caring for Yourself While You Care for Your Adult Child With Addiction<\/h2>\n

Caring for yourself is part of the plan, not a side project. Many parents feel constant stress, sleeplessness, guilt, and fear when a child keeps getting worse.<\/p>\n

Keep your own medical appointments, even when the crisis fills your calendar. Limit how much time you spend tracking your child’s whereabouts. Those habits can wear you down without helping your child.<\/p>\n

Talk with people who will listen without judgment. Support groups and counselors for relatives of people with addiction exist, and many parents find them useful.<\/p>\n

Setting limits on your own time and money is part of caring for yourself. It also protects the whole family.<\/p>\n

Talk With Robinson Casey About Your Options for Getting Your Child Into Treatment<\/h2>\n

If your adult child is using drugs at home, Robinson Casey can talk with you about Marchman Act petitions, guardianship questions, and emergency options that may fit your facts.<\/p>\n

Can a parent file a Marchman Act petition for an adult child in Florida?<\/summary>

Yes. A parent is a relative, and the statute lets any relative petition for an adult. The petition must state specific facts that meet the statutory criteria.<\/p><\/details>

Can a judge order an adult child into treatment in Florida?<\/summary>

A court may order involuntary treatment if it finds the criteria proven by clear and convincing evidence. An involuntary assessment order is valid for no more than 90 days under Fla. Stat. \u00a7 397.6957(1)(b)<\/a>, and it is not a promise of recovery.<\/p><\/details>

Does my adult child get a lawyer?<\/summary>

A respondent has the right to counsel at every stage of the proceeding. The court immediately determines whether the respondent already has an attorney or whether appointing counsel is appropriate, and may appoint one.<\/p><\/details>\n

You don’t have to work out Florida’s rules alone. Call (561) 849-4700 or contact Robinson & Casey<\/a> to talk through your situation. Your first consultation is free, confidential, and comes with no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso).<\/p>\n

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