{"id":18872,"date":"2026-11-08T05:31:30","date_gmt":"2026-11-08T05:31:30","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-adult-son-florida\/"},"modified":"2026-11-10T10:00:24","modified_gmt":"2026-11-10T10:00:24","slug":"marchman-act-petition-adult-son-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-adult-son-florida\/","title":{"rendered":"Marchman Act Petition for an Adult Son in Florida"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade, South Florida & Statewide<\/p>

Filing a Marchman Act Petition for Your Adult Son<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. Richard J. Casey III, Esq. is responsible for this page. Our free first consultation is confidential, with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
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What to Expect When You Reach Out<\/h2>\n

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Free<\/h3>

First consultation<\/p><\/div>

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Confidential<\/h3>

Your conversation stays private<\/p><\/div>

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No obligation<\/h3>

No commitment to continue<\/p><\/div><\/div>\n\n<\/div>\n\n\n

Casey III, Esq. \u00b7 Published November 8, 2026<\/p>\n\n

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When Your Adult Son Keeps Getting Worse and Refuses Help<\/h2>\n

Florida law lets certain family members ask a court to order an assessment for an adult who is severely impaired by substance use. That request is a Marchman Act petition for an adult son in Florida.<\/p>\n

You have probably done the hard things already. You have paid for treatment, tried interventions, and set boundaries. He still keeps getting worse. Then came the overdose, the hospital stay, the arrest, or the day he disappeared.<\/p>\n

Your fears are real. You fear he will overdose and die. You fear jail, or that he will end up homeless. You fear that nothing will ever work.<\/p>\n

This page is for you if you are researching now. You don’t need to have chosen a step yet. It explains who may file, what a petition must show, and what happens in court.<\/p>\n\n

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If your son's latest crisis has left you searching for a legal option, you don't have to work through it alone. Request a confidential consultation with Robinson Casey. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What a Marchman Act Petition Is and Who Can File<\/h2>\n

A Marchman Act petition asks a Florida court to order an assessment for an adult with a substance use problem. If the legal criteria are met, the court can order treatment.<\/p>\n

For an adult, the statute names who may file. The list includes the respondent’s spouse or legal guardian, any relative, a service provider, and an adult with direct personal knowledge of the impairment and prior treatment. A parent is a relative, so the “any relative” category applies.<\/p>\n

A petition starts a court process. It is not the treatment order itself. This page covers adult sons; the statute handles minors separately.<\/p>\n

What the Petition Must Show<\/h2>\n

A petition must name your son and you, state your relationship, and give specific facts. The facts must explain why you believe he is substance abuse impaired and has lost power of self-control. They must also show either a risk of harm to himself or others, or a refusal driven by impaired judgment (Fla. Stat. \u00a7 397.68141<\/a>).<\/p>\n

Dated events do the most work. Examples include overdoses, emergency room visits, police contacts, missed work or school, threats, or unsafe driving. A judge cannot act well on general worry.<\/p>\n

Gather what you can. That means an incident log, hospital or police records, prior treatment history, and names of people who saw what happened. A petition may include an assessment done within 30 days before filing. If he refused an evaluation, the petition must say so.<\/p>\n

How the Process Works, Step by Step<\/h2>\n

A Marchman Act case moves from filing, to an assessment, to a hearing, and then to a court order.<\/p>\n

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  1. Consultation.<\/strong> Walk through his history, the recent crisis, and your goals. Bring dates and records.<\/li>\n
  2. Filing.<\/strong> The petition goes to the clerk in the county where he is physically located (Fla. Stat. \u00a7 397.681<\/a>). Under Fla. Stat. \u00a7 397.681(1)<\/a>, the courts have jurisdiction of involuntary treatment petitions, and each petition must be filed with the clerk of the court in the county where the person is located. In Miami-Dade, adult filings go to the Miami-Dade Clerk of the Court<\/a>.<\/li>\n
  3. Emergency order, if needed.<\/strong> If an emergency exists, the court can rely on the petition alone and enter an ex parte assessment and stabilization order (Fla. Stat. \u00a7 397.6818<\/a>). A provider may not hold him more than 72 hours of observation unless a statutory exception applies.<\/li>\n
  4. Hearing date.<\/strong> The court must schedule a hearing within 10 court working days unless it grants a continuance (Fla. Stat. \u00a7 397.68151<\/a>).<\/li>\n
  5. 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 knowing, intelligent, and voluntary (Fla. Stat. \u00a7 397.681<\/a>). The petitioner bears the burden of proof (J.C. v. State<\/a>).<\/li>\n
  6. Order.<\/strong> The court must find the conditions proven by clear and convincing evidence before ordering treatment, for up to 90 days (Fla. Stat. \u00a7 397.697<\/a>). Discharge at the end is automatic unless a renewal is filed (Fla. Stat. \u00a7 397.6977<\/a>).<\/li>\n<\/ol>\n

    What Parents Should Not Assume<\/h2>\n

    Don’t assume his refusal settles the question. Don’t assume one crisis will resolve it either.<\/p>\n