{"id":19450,"date":"2026-11-09T01:52:14","date_gmt":"2026-11-09T01:52:14","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-son-wont-go-to-treatment-florida-marchman-act\/"},"modified":"2026-11-09T06:31:56","modified_gmt":"2026-11-09T06:31:56","slug":"adult-son-wont-go-to-treatment-florida-marchman-act","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-son-wont-go-to-treatment-florida-marchman-act\/","title":{"rendered":"Florida Marchman Act Attorney: Adult Son Won’t Go to Rehab"},"content":{"rendered":"\n
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Marchman Act Attorney | South Florida and Statewide<\/p>

Your Adult Son Refuses Treatment? Florida Families Can Ask a Court for Help<\/h1>

Richard J. Casey III, Esq. and the firm's team guide families through Marchman Act petitions and related guardianship matters, from the first call to the court hearing.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
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Why Families Contact Robinson Casey<\/h2>\n

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Free<\/h3>

Confidential first consultation with no obligation to continue<\/p><\/div>

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South Florida<\/h3>

Serving families across Miami-Dade and the region<\/p><\/div>

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Statewide<\/h3>

Helping families throughout Florida<\/p><\/div><\/div>\n\n<\/div>\n\n\n

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

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If your adult son won’t go to rehab in Florida, you may feel you have run out of moves. Years of paying for treatment, trying interventions, and setting boundaries may not have changed much.<\/p>\n

Florida’s Marchman Act lets a family member ask a court to order an assessment and, if the legal criteria are met, treatment. This page explains how that route works, what a petition can and cannot do, and when guardianship may come up instead.<\/p>\n

Your Adult Son Is Refusing Help and You Are Running Out of Options<\/h2>\n

A Florida court can order an adult into assessment and treatment when a qualifying family member files a Marchman Act petition and the legal standard is met.<\/p>\n

You may be afraid he will overdose and not wake up. You may fear he will be jailed, or that he will end up sleeping on the street. Many parents also feel hope slipping away.<\/p>\n

Those fears are real, and they are the reason this route exists. A petition can’t make anyone well. It puts the question of treatment in front of a judge, with the facts on the record. If he was recently hospitalized, arrested, or has disappeared, those facts matter. Dates and details shape what a judge sees.<\/p>\n\n

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If your adult son keeps refusing help after an overdose or arrest, you don't have to work out the legal path alone. Call (561) 849-4700 or reach out to Robinson Casey today. 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 Who Can File<\/h2>\n

The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance abuse impairment. Section 397.681<\/a> of the Florida Statutes gives the courts jurisdiction over involuntary treatment petitions for substance abuse impaired persons, and the clerk of the court may not charge a fee for filing such a petition.<\/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 to file it (\u00a7 397.681<\/a>).<\/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 (\u00a7 397.68112<\/a>). A parent is a relative, so a parent can file. Your son is the respondent, the person named in the petition.<\/p>\n

The statute sets the test. He must also be in need of services and be so impaired in judgment that he cannot appreciate that need or make a rational decision about it, or, without care, be likely to neglect himself in a way that poses a real and present threat of substantial harm that cannot be avoided through willing family members, friends, or other services, or there is a substantial likelihood he has inflicted, threatened, or attempted physical harm on himself or another (\u00a7 397.675<\/a>). Refusing services alone is not enough.<\/p>\n

What a Marchman Act Petition Covers and What the Law Cannot Do<\/h2>\n

A petition must name the people involved and state the facts behind the request. It must include:<\/p>\n