{"id":19524,"date":"2026-11-09T05:59:39","date_gmt":"2026-11-09T05:59:39","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-parent-refuses-detox\/"},"modified":"2026-11-10T07:42:58","modified_gmt":"2026-11-10T07:42:58","slug":"marchman-act-attorney-parent-refuses-detox","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-parent-refuses-detox\/","title":{"rendered":"Marchman Act Attorney for Parents in Florida"},"content":{"rendered":"\n
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Marchman Act Attorney | Miami-Dade & South Florida<\/p>

Marchman Act Guidance for Parents Facing a Family Crisis<\/h1>

Robinson Casey represents families who need a clear path through an involuntary addiction treatment process, with plain answers at every step.<\/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 9, 2026<\/p>\n\n

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You’ve paid for treatment, tried interventions, and held firm on boundaries. Your adult child still keeps getting worse. After a recent overdose, hospital stay, arrest or disappearance, you’re looking for a legal way to get help in place.<\/p>\n

Yes. Florida law lets a parent file a Marchman Act petition when an adult child refuses detox or treatment. The petition asks a court to order an assessment and, if the legal tests are met, involuntary treatment. Fla. Stat. \u00a7 397.68112<\/a> allows any relative to file for an adult.<\/p>\n

When your adult child refuses detox, what does Florida law allow a parent to do?<\/h2>\n

Florida law lets a parent ask a judge to order help for an adult who won’t seek it on his or her own.<\/p>\n

You start it by filing a petition with the court. You are asking a judge to decide, but the judge may also order a law enforcement officer or designated agent to serve your child with the notice of hearing and a copy of the petition.<\/p>\n\n

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If your adult child keeps refusing help while each crisis gets worse, you don't have to work out the court process alone. Our team can 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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Who can file a Marchman Act petition, and what must it show?<\/h2>\n

A parent is a relative, so a parent can file. The petition must rest on specific facts, not general worry. It must name your child, name you, state your relationship, and name your child’s attorney if known (\u00a7 397.68141<\/a>).<\/p>\n

The facts must give reasons you believe your child is impaired by substance use. They must also explain why your child has lost the power of self-control. To file a Marchman Act petition, you must have a good-faith reason to believe that your child is substance abuse impaired and has lost the power of self-control. You must then also show either that without services your child is likely to neglect or refuse to care for himself or herself in a way that poses a real and present threat of substantial harm, or that there is a substantial likelihood of physical harm to himself, herself, or another; or that your child’s refusal of care is based on judgment so impaired by substance abuse that he or she cannot appreciate the need for care or make a rational decision about it.<\/p>\n

A refusal alone isn’t enough. The statute says mere refusal to receive services does not by itself show a lack of judgment (\u00a7 397.675<\/a>). 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.” Your facts need to show more than a “no.” Useful facts include dates and places of overdoses or emergency visits, medications found, missed work, threats, and treatment you arranged and why it ended. A professional’s evaluation from within 30 days can go with the petition. If there is none, the petition must say so.<\/p>\n

How does the Marchman Act process work, step by step?<\/h2>\n

The court reviews the petition first, sets a hearing, and decides only after hearing the evidence. Here is the usual path.<\/p>\n

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  1. Consult and gather records.<\/strong> Organize your facts before anything is filed.<\/li>\n
  2. File in the right county.<\/strong> The petition goes to the clerk in the county where your child is physically located (\u00a7 397.681<\/a>). A filing in the wrong county is a venue problem, not a loss of the court’s power to hear the case, according to J.P. v. J.N.<\/a><\/li>\n
  3. Emergency order, if needed.<\/strong> When an emergency exists, the court may rely on the petition alone and enter an order for assessment and stabilization. A provider may hold your child for up to 72 hours of observation unless a statutory exception applies (\u00a7 397.6818<\/a>).<\/li>\n
  4. Hearing.<\/strong> The court must schedule a hearing within 10 court working days unless a continuance is granted (\u00a7 397.68151<\/a>).<\/li>\n
  5. Proof.<\/strong> You carry the burden of proving the case by clear and convincing evidence. Under \u00a7 397.6957<\/a>, the court must hear and review all relevant evidence, including testimony from individuals such as family members familiar with the respondent’s prior history, and the court may also order drug tests.<\/li>\n
  6. Order.<\/strong> If the conditions are proven, the court may order involuntary treatment for up to 90 days (\u00a7 397.697<\/a>).<\/li>\n<\/ol>\n

    What should you document before you call a lawyer?<\/h2>\n

    Start a dated written record now. The petition has to rest on specific facts, and a clear record makes those facts easier to organize.<\/p>\n