{"id":15903,"date":"2026-11-01T10:08:26","date_gmt":"2026-11-01T10:08:26","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-florida-counties\/"},"modified":"2026-11-08T20:12:06","modified_gmt":"2026-11-08T20:12:06","slug":"marchman-act-florida-counties","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-florida-counties\/","title":{"rendered":"Marchman Act Petition Across Florida Counties"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade, South Florida and Statewide<\/p>

Marchman Act Petitions, Handled with Care Across Florida Counties<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters, helping families in Miami-Dade, South Florida and throughout the state through difficult decisions.<\/p>

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

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Your Child, Another County, and the Petition You Need<\/h2>\n

A Marchman Act petition is filed in the county where your adult child is physically located, which may not be the county where you live. That one rule shapes almost every step that follows.<\/p>\n

You have probably tried a lot already. Treatment, interventions, and firm boundaries may not have changed much. Then came a recent overdose, relapse, hospital stay, arrest, or disappearance, and you started looking for another way. You shouldn’t have to manage that crisis alone.<\/p>\n

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.<\/p>\n

If your child is in one county and you are in another, the court path still starts where your child is located. This page explains how these petitions work, where they are filed, and what a first conversation can cover.<\/p>\n\n

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If your adult child's latest crisis has you wondering which county's court to use, you don't have to sort that out alone. We can talk it through with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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

A Marchman Act petition is a court filing that asks a judge to order involuntary assessment and, where the law allows, involuntary treatment for an adult with a substance use problem. The process is governed by Florida Statutes chapter 397.<\/p>\n

Under Fla. Stat. \u00a7 397.68112<\/a>, 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 person’s impairment and treatment history. A parent is a relative, so a parent can file.<\/p>\n

The judge needs more than worry. Under Fla. Stat. \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, and that because of this the person has lost the power of self-control over substance use. The person must also be unable to see the need for help, or be likely to neglect themselves or to harm themselves or others. 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

Refusing treatment alone does not show impaired judgment. Under \u00a7 397.675<\/a>, the person must be incapable of appreciating their need for services and of making a rational decision about them because of substance abuse impairment, though mere refusal of services is not evidence of that. 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.” The petition must set out specific facts supporting this (\u00a7 397.68141<\/a>).<\/p>\n

Why the County Matters: Where a Petition Is Filed<\/h2>\n

The petition is filed with the clerk of the court in the county where the person is located, under Fla. Stat. \u00a7 397.681<\/a>. The rule points to where the person is, not where the family lives.<\/p>\n

County clerks explain this routing on their own sites. The Miami-Dade Clerk mental health court<\/a> page directs adult petitions to the Clerk’s Office Probate Court. The Lake County Clerk Marchman Act guidance<\/a> explains that a judge may order law-enforcement transport to an appropriate treatment facility.<\/p>\n

Location errors can matter. In J.P. v. J.N.<\/a>, the Fifth District held that a petition filed in the wrong county did not take away the circuit court’s jurisdiction. The court treated the problem as a venue issue. Venue means the right place for the case, not whether any court can hear it.<\/p>\n

For a family with a child in one county and parents in another, the consultation can review both locations. The goal is a clear path before anything is filed.<\/p>\n

What Our Representation Covers<\/h2>\n

Our team covers the petition, the emergency steps, and the preparation a family needs for the hearing. Here is what that includes:<\/p>\n