{"id":15987,"date":"2026-11-02T04:23:16","date_gmt":"2026-11-02T04:23:16","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/same-day-emergency-petition-drug-treatment-florida\/"},"modified":"2026-11-04T01:37:06","modified_gmt":"2026-11-04T01:37:06","slug":"same-day-emergency-petition-drug-treatment-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/same-day-emergency-petition-drug-treatment-florida\/","title":{"rendered":"Emergency Petition for Drug Treatment in Florida"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

Emergency Petition for Drug Treatment in Florida: Guidance for Families in Crisis<\/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>

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

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When Your Child’s Addiction Has Reached an Emergency<\/h2>\n

Florida’s Marchman Act lets a family ask a court to order assessment and treatment for an adult who is severely impaired by substance use. This page explains the same-day emergency petition: what it is, what the court needs, and where the timing gets tight.<\/p>\n

Maybe your son or daughter overdosed last week. Maybe they were taken to the hospital, arrested, or have been gone for days with no word. You have paid for treatment, tried interventions, and held firm boundaries. The crisis keeps coming back.<\/p>\n

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. We serve families in Miami-Dade, South Florida, and statewide.<\/p>\n\n

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If your adult child is in danger and you feel out of options, our team can talk through whether a Marchman Act petition fits your family's situation. 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 an Emergency Marchman Act Petition Is and Who Can File One<\/h2>\n

An emergency petition asks the court to act now, instead of waiting for a regular hearing. If there is an emergency, the petition must also describe the exigent circumstances and include a request for an ex parte assessment and stabilization order.<\/p>\n

As a parent, you are a relative, so you can file for an adult child. The law also allows a spouse, a legal guardian, a service provider, or another adult who has direct personal knowledge of the impairment and of the person’s prior course of assessment and treatment (Fla. Stat. \u00a7 397.68112<\/a>).<\/p>\n

“Same-day” describes urgency, not a set result. Courts control their own calendars, and no same-day outcome is promised. A voluntary admission needs your child’s agreement. An involuntary petition is for cases where your child is substance abuse impaired, has a history of not complying with treatment, and, because of that impairment, is unlikely to voluntarily accept recommended services or cannot judge whether services are needed, and either (1) without services, is likely to neglect self-care or refuse care, posing a real and present threat of substantial harm to his or her well-being, with a substantial likelihood of serious bodily harm to self or others in the near future, as evidenced by recent behavior, or (2) your child’s refusal of care is based on judgment so impaired by substance abuse that he or she cannot appreciate the need for care and cannot make a rational decision about it.<\/p>\n

Warning Signs That Make Time Feel Short<\/h2>\n

Emergency filings usually follow a recent, dangerous event, not just a hard year.<\/p>\n

Families often bring these situations to a lawyer:<\/p>\n