{"id":18881,"date":"2026-11-08T05:50:52","date_gmt":"2026-11-08T05:50:52","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-petition-husband-drinking-kids-home-florida\/"},"modified":"2026-11-09T03:37:02","modified_gmt":"2026-11-09T03:37:02","slug":"marchman-act-petition-husband-drinking-kids-home-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-petition-husband-drinking-kids-home-florida\/","title":{"rendered":"Marchman Act Petition for a Husband in Florida"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade and South Florida<\/p>

Helping Your Family Get a Husband the Care He Needs<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida. Start with a free, confidential first consultation with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
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Casey III, Esq. \u00b7 Published November 8, 2026<\/p>\n\n

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Yes, a spouse can file a Marchman Act petition in Florida for an adult whose substance use has made the home unsafe. The petition asks a court to order assessment and, if the statute’s conditions are met, involuntary treatment. If you are searching for a Marchman Act for husband drinking at home Florida, this page explains who can file, what the court reviews, and what the process looks like.<\/p>\n

Your husband drinks at home and the children are there: what you are living with<\/h2>\n

You are living with a problem you did not choose, and it is wearing your family down.<\/p>\n

The drinking may be getting worse. His moods may change at night, and the children may start watching every move he makes. Money may disappear, and bills may go unpaid. A hospital visit or one frightening night may have made you think this cannot go on.<\/p>\n

Your worries are real. You fear harm to your children. You fear financial ruin for the household. You fear what happens if nothing changes, and whether the marriage and the family can hold together.<\/p>\n

You want to protect your children, get your husband real help, and bring stability back home. You should not have to carry all of that alone. Researching your legal options is a sensible step, and this page explains them in plain words.<\/p>\n\n

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If your husband's drinking has the children frightened and the bills falling behind, you don't have to sort out the Marchman Act alone; we can talk through your facts with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What the Marchman Act is and who can file a petition<\/h2>\n

A spouse can file, and Florida law names that relationship directly. The Marchman Act is Florida’s process for court-ordered assessment and treatment of substance abuse.<\/p>\n

For an adult, Fla. Stat. \u00a7 397.68112<\/a> allows a petition 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. The person named in the petition is the respondent, whose substance abuse impairment is the subject of the petition. In your case, that is your husband.<\/p>\n

Involuntary means he does not have to agree to treatment. The judge decides after a petition, notice, and a hearing. The petition goes to the clerk of the court in the county where he is located, under Fla. Stat. \u00a7 397.681<\/a>.<\/p>\n

Can you file when he drinks at home with the children present?<\/h2>\n

Yes, you can file. The petition has to rest on specific facts about his impairment and the harm it causes. Whether the court orders treatment depends on the facts and on the court’s findings.<\/p>\n

Under Fla. Stat. \u00a7 397.68141<\/a>, the petition must contain the name of the respondent, the name of the petitioner, the relationship between them, the name of the respondent’s attorney if known, and the factual allegations explaining:<\/p>\n