{"id":16354,"date":"2026-11-03T01:49:08","date_gmt":"2026-11-03T01:49:08","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/husband-drinks-at-home-kids-florida-law\/"},"modified":"2026-11-10T11:43:49","modified_gmt":"2026-11-10T11:43:49","slug":"husband-drinks-at-home-kids-florida-law","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/husband-drinks-at-home-kids-florida-law\/","title":{"rendered":"Miami Marchman Act Attorney for a Spouse in Florida"},"content":{"rendered":"\n
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Marchman Act Attorney | Miami-Dade and South Florida<\/p>

Guidance for Miami Families Facing a Spouse's Substance Use Crisis<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Your first consultation is free, confidential, and comes with no obligation to continue.<\/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 2, 2026<\/p>\n\n

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When Drinking at Home Puts the Children at Risk<\/h2>\n

Florida’s Marchman Act lets a spouse ask a court to order an assessment of an adult with a substance use problem. If the legal criteria are met, the court can also order treatment.<\/p>\n

Your spouse drinks at home with the kids there. Some nights you can’t tell what mood you’ll walk into. The bills are falling behind, and you feel like you carry everything alone.<\/p>\n

You may fear harm to your children, money running out, and a marriage that keeps getting worse. Those fears are reasonable. A consultation can help you think through your options before you decide anything.<\/p>\n\n

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If your husband drinks at home with the kids there and you feel this cannot go on, our team can walk you through your options and what a petition would involve. 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 Lets a Spouse Do<\/h2>\n

A spouse can file a petition asking a court to order an assessment of an adult, and treatment if the court finds it is needed. Florida Statutes \u00a7 397.68112<\/a> names the spouse as one of the people who may file.<\/p>\n

The Legislature describes substance abuse impairment as a disease that affects the whole family. Florida Statutes \u00a7 397.305<\/a><\/p>\n

Florida Statutes \u00a7 397.675<\/a> sets out the rest of the test.<\/p>\n

What a Petition Is Not<\/h2>\n

A Marchman Act petition is not a divorce, a custody case, or a criminal charge against your spouse. It asks a court for assessment and treatment. It does not ask the court to end the marriage.<\/p>\n

Keep these matters apart. A petition about drinking does not decide where the children live or how parenting time works. Custody questions need their own handling.<\/p>\n

Guardianship is also a separate matter. If your concerns reach beyond substance use, they may call for a different process.<\/p>\n

What Evidence a Judge Looks For<\/h2>\n

A judge looks for specific, recent facts. General complaints are not enough. The petition must state why you believe your spouse is impaired, has lost self-control, and either is likely to harm himself or herself or others unless the court orders treatment, or refuses care because impaired judgment keeps him or her from appreciating the need for care and making a rational decision about it. Florida Statutes \u00a7 397.68141<\/a><\/p>\n

Strong facts look like this:<\/p>\n