{"id":18908,"date":"2026-11-08T07:45:15","date_gmt":"2026-11-08T07:45:15","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/my-18-year-old-son-using-refuses-help\/"},"modified":"2026-11-08T18:41:43","modified_gmt":"2026-11-08T18:41:43","slug":"my-18-year-old-son-using-refuses-help","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/my-18-year-old-son-using-refuses-help\/","title":{"rendered":"Florida Marchman Act Lawyer for Adult Son Who Refuses Rehab"},"content":{"rendered":"\n
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Marchman Act Petitions | South Florida and Statewide<\/p>

Your Son Refuses Rehab. You Don't Have to Figure Out the Court Process Alone.<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Talk with a lawyer about your options.<\/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 8, 2026<\/p>\n\n

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If your adult son refuses rehab in Florida, you cannot make that choice for him alone. Florida law does provide a court process. The Marchman Act lets certain family members ask a judge to order an assessment and, if the legal criteria are met, involuntary treatment for substance use.<\/p>\n

Parents who type my adult son refuses rehab florida what can i do<\/em> are usually past the point of waiting. This page explains the law in plain words, what you can do today, and what a first step toward a legal option looks like.<\/p>\n

You are living through the hardest kind of waiting<\/h2>\n

The hardest part is the waiting between crises, and you do not have to carry it alone. Many parents in your position live with the phone on the nightstand, unsure what the next call will bring.<\/p>\n

You may have spent years paying for programs, trying interventions, and holding boundaries. Your son may still be getting worse. Maybe the call came from a hospital after an overdose that was reversed. Maybe it followed a relapse after another round of treatment, an arrest, or days with no word at all.<\/p>\n

You did not choose this situation, yet you carry every decision in it. You may ask whether he will make it through the night, or whether you missed a warning sign last month. That strain wears down sleep, health, and hope.<\/p>\n

This page is written for a parent asking one practical question: is there a legal way to get my adult son into proper treatment? The answers below are general information about Florida law. Each family’s facts are different, so treat this as a starting point, not a verdict on your case.<\/p>\n\n

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If another overdose, relapse, or disappearance has you asking whether a court can step in, our team is ready to talk it through with you. 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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Your fears are reasonable, and here is what they mean for your next step<\/h2>\n

Your fears about overdose, jail, homelessness, and losing hope are reasonable. Each one points to the same need: a plan made before the next crisis.<\/p>\n

An overdose can turn fatal quickly. A young adult who is using may give little warning between a hard week and an emergency room visit. Waiting for a worse crisis is the wrong plan. Looking at legal options while he is still reachable gives you more choices.<\/p>\n

Losing housing is another real fear. Thinking about housing early means you are not starting from zero when a discharge date arrives.<\/p>\n

Jail is a fear many parents share. A Marchman Act petition states why the petitioner believes the respondent is substance abuse impaired, why that impairment has cost him the power of self-control over substance abuse, and either why he has harmed or is likely to harm himself or others without court-ordered services or why his refusal of care rests on judgment so impaired he cannot appreciate his need for it (Fla. Stat. \u00a7 397.68141<\/a>). The facts you can document matter most, which is why the sections below focus on records.<\/p>\n

Can you make an adult child go to treatment in Florida?<\/h2>\n

A parent cannot order an adult into treatment alone, but Florida law provides a court process for involuntary assessment and treatment for substance use. If your adult son refuses rehab in Florida, the first question is who may ask the court for help.<\/p>\n

The Marchman Act is Florida’s law for this process. It is found in Florida Statutes Chapter 397.<\/p>\n

For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment (Fla. Stat. \u00a7 397.68112<\/a>). A parent is a relative, so a parent may file.<\/p>\n

The criteria are demanding. Mere refusal of services does not, by itself, show a lack of judgment about the need for them. Fla. Stat. \u00a7 397.675<\/a> reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”<\/p>\n

Only a judge decides. No one can promise or predict how a court will rule, because each judge weighs the evidence in front of them.<\/p>\n

How the Marchman Act process generally works<\/h2>\n

A petition goes to the court, a hearing is scheduled, and the judge decides based on the evidence. Each step has its own rules, so the details matter.<\/p>\n

The petition is filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing it (Fla. Stat. \u00a7 397.681<\/a>). Location matters. Under Fla. Stat. \u00a7 397.681(1)<\/a>, an involuntary treatment petition must be filed with the clerk of the court in the county where the person is located.<\/p>\n

It must explain why you think he is impaired, why you think he has lost self-control, and the risk of harm or the impaired judgment behind his refusal (Fla. Stat. \u00a7 397.68141<\/a>). It may include a professional’s report from an exam done within 30 days before filing.<\/p>\n

The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. \u00a7 397.68151<\/a>). A provider may not hold the person for more than 72 hours of observation unless a listed exception applies (Fla. Stat. \u00a7 397.6818<\/a>).<\/p>\n

The person has the right to counsel at every stage of the proceeding, unless he or she is present in court and the judge finds that a waiver of that right is made knowingly, intelligently, and voluntarily (Fla. Stat. \u00a7 397.681<\/a>). Under Fla. Stat. \u00a7 397.681(2)<\/a>, a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment.<\/p>\n

If the court finds the conditions proved by clear and convincing evidence, it may order treatment for no more than 90 days (Fla. Stat. \u00a7 397.697<\/a>). Results vary with the facts of each case.<\/p>\n

What to do before a crisis or a court date<\/h2>\n

Start a written record, keep safety steps in place, and decide your boundaries before the next crisis. A petition rests on facts, so your records matter.<\/p>\n