{"id":16667,"date":"2026-11-03T08:00:23","date_gmt":"2026-11-03T08:00:23","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-eligibility-checklist-for-parents\/"},"modified":"2026-11-08T19:34:12","modified_gmt":"2026-11-08T19:34:12","slug":"marchman-act-eligibility-checklist-for-parents","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-eligibility-checklist-for-parents\/","title":{"rendered":"Marchman Act Eligibility Checklist for Parents"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade and South Florida<\/p>

Is a Marchman Act Petition Right for Your Family? Start With This Checklist<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Work through the six questions, then talk with us about your situation.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published November 3, 2026<\/p>\n\n

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This Marchman Act eligibility checklist for parents helps you see whether a petition may fit your adult child’s situation. It has six yes-or-no tests drawn from Florida law. Each test explains why it matters and what to do with the answer. Richard J. Casey III, Esq. is the lawyer responsible for this page.<\/p>\n

Where You Are Right Now<\/h2>\n

You may be reading this after a hard phone call. Maybe the hospital called, or your child overdosed, relapsed, or disappeared again. You have already paid for treatment, tried interventions, and held firm on boundaries. The crisis keeps coming back.<\/p>\n

You are still researching, and you have not chosen a legal step. That is a reasonable place to be. Your deepest fear is probably that your child will die before anything changes. You may also fear jail, or that your child will end up homeless. Those fears are real. A checklist can’t remove them, but it can help you separate what you know from what you dread.<\/p>\n\n

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If you're carrying this alone right now, you don't have to work out the next step by yourself, so talk with us about what you've recorded. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What the Marchman Act Is and Is Not<\/h2>\n

The Marchman Act is a Florida court process for assessment and court-ordered treatment of a person with a substance use problem. It covers alcohol, illegal drugs, and prescription drugs, according to Flagler County clerk guidance<\/a>.<\/p>\n

The statute asks whether your child has lost the power of self-control with respect to substance use. Fla. Stat. \u00a7 397.675<\/a> sets out those criteria. The judge decides whether they are met, not you and not this checklist. This checklist cannot predict how a court will rule.<\/p>\n

Treatment may be ordered only if the criteria for involuntary admission under \u00a7 397.675<\/a> are met. That means there is good faith reason to believe your child is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. That section does not itself address a sheriff taking your child into custody. Treatment is the goal of that delivery.<\/p>\n

Petitions and related court records are confidential under Fla. Stat. \u00a7 397.6760<\/a>. The clerk may not publish personal identifying information on a public docket.<\/p>\n

How to Use This Checklist<\/h2>\n

Use this Marchman Act eligibility checklist for parents by answering each test with a plain yes or no. Answer from what you saw, heard, or recorded yourself. For every yes, write down the date, the place, who was there, and any paper that shows it. That could be a discharge summary, a police report, or a text message.<\/p>\n

Your notes matter. Your notes become that factual base.<\/p>\n

A single no does not close the question. Keep the full list. It will help in any conversation with a lawyer.<\/p>\n

Checklist Part 1: Your Child and Substance Use<\/h2>\n

Part 1 asks two basic questions: Is your child an adult, and is substance use causing ongoing harm?<\/p>\n

Who may file a petition when the respondent is an adult?<\/strong>\nIf the respondent is an adult, a petition for involuntary treatment services may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment (Fla. Stat. \u00a7 397.68112<\/a>). Fla. Stat. \u00a7 397.68112<\/a> sets out who may petition. A parent is a relative.<\/p>\n