{"id":17623,"date":"2026-11-04T17:06:47","date_gmt":"2026-11-04T17:06:47","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/husband-drinks-at-home-kids-marchman-act-florida\/"},"modified":"2026-11-10T11:43:51","modified_gmt":"2026-11-10T11:43:51","slug":"husband-drinks-at-home-kids-marchman-act-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/husband-drinks-at-home-kids-marchman-act-florida\/","title":{"rendered":"Florida Marchman Act Attorney: Husband Drinks at Home"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade, South Florida & Statewide<\/p>

When Drinking at Home Puts Your Family at Risk, You Need a Clear Plan<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida. 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

Casey III, Esq. \u00b7 Published November 4, 2026<\/p>\n\n

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My husband drinks at home, and the kids are seeing it: what the Marchman Act is<\/h2>\n

The Marchman Act is a Florida court process that lets a family ask a judge to order an adult with a substance abuse problem into assessment and treatment. It starts with a written petition filed in court, not with an arrest.<\/p>\n

If your husband drinks at home, you already know how it feels. The mood shifts by evening. The kids go quiet or act out. Money disappears, and you spend your days guessing what comes next. You may feel that nothing you say changes anything.<\/p>\n

The core test is found in Fla. Stat. \u00a7 397.675<\/a>.<\/p>\n\n

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If your husband's drinking has your home on edge, you don't have to work out the Marchman Act alone, and a free, confidential first consultation can help you see your options. 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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Can I file a Marchman Act petition as his wife?<\/h2>\n

Yes, a spouse may file a petition if the person named is an adult. Fla. Stat. \u00a7 397.68112<\/a> also allows a legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of the person’s prior course of assessment and treatment to file.<\/p>\n

Location matters for filing. Petitions go to the clerk of the court in the county where the person is located, and the clerk may not charge a filing fee (Fla. Stat. \u00a7 397.681<\/a>). A Florida appeals court has treated a petition filed in the wrong county as a venue problem, not a loss of the court’s power to act (J.P. v. J.N.<\/a>).<\/p>\n

What a petition needs: documenting what happens at home<\/h2>\n

A petition must name both of you, state your relationship, and set out facts that show why the court should act. Fla. Stat. \u00a7 397.68141<\/a> lists what the petition must include.<\/p>\n