{"id":18407,"date":"2026-11-06T03:32:46","date_gmt":"2026-11-06T03:32:46","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/husband-drinks-home-kids-marchman-act-florida\/"},"modified":"2026-11-10T11:43:55","modified_gmt":"2026-11-10T11:43:55","slug":"husband-drinks-home-kids-marchman-act-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/husband-drinks-home-kids-marchman-act-florida\/","title":{"rendered":"Marchman Act Attorney in South Florida | Robinson Casey"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

Clear Guidance for Families Facing a Marchman Act Petition<\/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 carries 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 5, 2026<\/p>\n\n

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When Your Husband Drinks at Home and the Kids Are There<\/h2>\n

If your husband drinks at home and the children are there, Florida law lets a spouse ask a court for help. That court process is called the Marchman Act.<\/p>\n

You didn’t choose this. The drinking may start after work and run late into the night. The kids may have seen a fight or stopped bringing friends home. Money may disappear, and you never know what the next evening will bring. Often, you’re the one holding everything together.<\/p>\n

Most spouses in this spot share the same fears. They worry about harm to their children. They worry the money will run out. They worry that if nothing changes, the marriage and the family won’t survive. Those fears are real, and this page takes them seriously.<\/p>\n

This page explains your Florida options in plain terms. You’ll learn who can file, what the court process looks like, and what you can do for the children now. Your options depend on your family’s facts, and a full review is the way to sort them out.<\/p>\n\n

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If your husband's drinking has the whole household on edge, you don't have to sort out your options alone. Talk with us about 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 the Marchman Act Is and What It Covers<\/h2>\n

The Marchman Act is a civil court process. It lets a judge order assessment and, if the legal criteria are met, treatment for a person with substance abuse impairment. It is not a criminal charge.<\/p>\n

First, is there a good faith reason to believe the person is impaired and has lost the power of self-control over substance use? First, is there a good faith reason to believe the person is impaired and has lost the power of self-control over substance use?<\/p>\n

The law looks at judgment and safety, not just whether a person drinks.<\/p>\n

Voluntary treatment depends on the person agreeing to go. The Marchman Act is the court route for when a person won’t seek help on their own.<\/p>\n

Who Can File a Marchman Act Petition in Florida<\/h2>\n

For an adult, a spouse can file a petition for involuntary treatment services. \u00a7 397.68112<\/a><\/p>\n

Those facts cover why he’s impaired, why he has lost control over drinking, and why he’s likely to harm himself or others, or refuses care because his judgment is impaired. \u00a7 397.68141<\/a><\/p>\n

Start writing things down now. Keep a dated note of each incident, who was present, and what the children saw or heard. Note any injuries, missed school or missed child care. A petition may include a report from a qualified professional who examined him within 30 days before filing. If he was never assessed or refused, the petition must say so. \u00a7 397.68141<\/a><\/p>\n

A court, not a family vote, decides whether treatment is ordered. \u00a7 397.697<\/a> In every case resulting in an order for involuntary treatment, the court retains jurisdiction over the case and the parties. \u00a7 397.6957<\/a><\/p>\n

What Happens After a Petition Is Filed: Step by Step<\/h2>\n

The petition goes to the clerk of the court in the county where he is physically located. The clerk may not charge a fee to file it. \u00a7 397.681<\/a> Such petitions must be filed with the clerk of the court in the county where the person is located. Under \u00a7 397.681<\/a>, a petition must be filed with the clerk of the court in the county where the person is located.<\/p>\n

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  1. Court review.<\/strong> The judge decides whether he has a lawyer or should get one appointed. He has the right to counsel at every stage, though he may waive that right if he is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. \u00a7 397.68151<\/a><\/li>\n
  2. Hearing date.<\/strong> The court sets a hearing within 10 court working days unless it grants a continuance. He gets a copy of the petition and notice, and so do you as petitioner. \u00a7 397.68151<\/a><\/li>\n
  3. \u00a7 397.6818<\/a> allows the court, when emergency circumstances exist, to rely solely on the contents of the petition and enter an ex parte order for the respondent’s involuntary assessment and stabilization. D.H. v. K.J.R. (2024)<\/a><\/li>\n
  4. Ex parte order.<\/strong> The ex parte assessment and stabilization order must be executed during the period when the hearing on the petition for treatment is pending. \u00a7 397.6957<\/a><\/li>\n
  5. \u00a7 397.6957<\/a> \u00a7 397.697<\/a> If the conditions justifying treatment are expected to exist after 90 days of treatment, a renewal may be requested before that period ends. \u00a7 397.6975<\/a><\/li>\n
  6. Discharge.<\/strong> When the conditions justifying treatment no longer exist, he must be released as provided in s. 397.6971. If the conditions are expected to exist after 90 days of treatment services, a renewal of the involuntary services order may be requested under \u00a7 397.6975<\/a> before the end of the 90-day period. \u00a7 397.697<\/a> \u00a7 397.6977<\/a><\/li>\n<\/ol>\n

    Timelines come from the statute and move with the court’s calendar. Ask about your case’s dates at your consultation.<\/p>\n

    Protecting the Children and the Household While You Wait<\/h2>\n

    If anyone is hurt or in danger, call 911 now. A court petition is not an emergency response.<\/p>\n