{"id":22548,"date":"2026-11-13T09:59:30","date_gmt":"2026-11-13T09:59:30","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/adult-son-refuses-marchman-act-hearing-florida\/"},"modified":"2026-11-13T09:59:33","modified_gmt":"2026-11-13T09:59:33","slug":"adult-son-refuses-marchman-act-hearing-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/adult-son-refuses-marchman-act-hearing-florida\/","title":{"rendered":"Marchman Act Attorney Florida: If Your Child Refuses"},"content":{"rendered":"
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Marchman Act Attorney Florida: If Your Child Refuses<\/h1>\n

What if your adult child refuses to attend a Marchman Act hearing in Florida? You may be in the middle of a crisis you did not choose, after an overdose, a hospital stay, an arrest, or days when nobody knew where your child was.<\/p>\n

A refusal does not automatically end the case. Florida law lets certain relatives ask a court to order an assessment and, if the legal criteria are met, treatment. The steps below explain what happens next in plain words.<\/p>\n

When Your Adult Child Says No to Court, the Crisis Does Not Pause<\/h2>\n

A refusal to take part does not stop the case from moving forward under Florida law. You may be carrying this alone, and you may be afraid of the next overdose or emergency call. That fear is reasonable.<\/p>\n

This page explains the process plainly. It does not predict how any case will end. Each case turns on its own facts, including the events you can describe and what the judge hears. Knowing the steps can help you decide what to do next and what to expect.<\/p>\n

What a Marchman Act Petition Sets in Motion<\/h2>\n

A family member can file a petition asking the court to review whether an adult should be assessed and offered treatment. 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>).<\/p>\n

If your adult child is the respondent, a petition for involuntary treatment services may be filed by any relative, the respondent’s spouse or legal guardian, 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. It must also give the facts showing why you believe your child is substance abuse impaired and has lost power of self-control. It must show either a risk of physical harm or judgment so impaired that your child cannot see the need for care (Fla. Stat. \u00a7 397.68141<\/a>).<\/p>\n

A recent assessment by a qualified professional may come with the petition if it was done within 30 days. If your child was never assessed or refused one, the petition must say so (Fla. Stat. \u00a7 397.68141<\/a>).<\/p>\n

The petition goes to the clerk in the county where your child is located. The clerk may not charge a filing fee (Fla. Stat. \u00a7 397.681<\/a>). Under Fla. Stat. \u00a7 397.681(1)<\/a>, an involuntary treatment petition for a substance abuse impaired person must be filed with the clerk of the court in the county where the person is located. For the broader overview, see our Marchman Act attorney guide<\/a>.<\/p>\n

Can the Court Require Your Adult Child to Attend?<\/h2>\n

The court can schedule a hearing and order notice, even when your child says no. A refusal to come to court does not end the process on its own.<\/p>\n

The court must schedule the hearing within 10 court working days unless a continuance is granted. Your child must receive a copy of the petition and the notice of hearing. The clerk issues a summons, which goes to law enforcement for service within 6 hours unless private process servers are authorized (Fla. Stat. \u00a7 397.68151<\/a>).<\/p>\n

The court must schedule a hearing on the petition within 10 court working days unless a continuance is granted, and a copy of the petition and notice of the hearing must be provided to your child. The court can also excuse presence if it is inconsistent with your child’s best interests or likely to be injurious to self or others (Fla. Stat. \u00a7 397.6957<\/a>). Fla. Stat. \u00a7 397.6957<\/a> reads: “(1)(a) The respondent must be present at a hearing on a petition for involuntary treatment services unless the court finds that he or she knowingly, intelligently, and voluntarily waives his or her right to be present or, upon receiving proof of service and evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others.”<\/p>\n

In an emergency, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization. The court may also order law enforcement to take the person into custody for evaluation (Fla. Stat. \u00a7 397.6818<\/a>). A provider may hold a person for observation no more than 72 hours, unless the court grants more time or a listed exception applies (Fla. Stat. \u00a7 397.6818<\/a>).<\/p>\n

How an order is carried out when someone does not appear depends on the facts of the case.<\/p>\n

What Happens at the Hearing When They Do Not Want to Be There<\/h2>\n

At the hearing, the judge reviews the petition, the evidence, and the testimony. Then the judge decides whether the legal criteria are met.<\/p>\n

A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and because of that has lost the power of self-control with respect to substance abuse. The person must also need services with impaired judgment, or pose a real threat of harm (Fla. Stat. \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.” The court may order up to 90 days of treatment only when the conditions are proved by clear and convincing evidence (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

The court hears all relevant evidence, including testimony from family members who know the person’s prior history. It may order drug tests. Testimony is taken under oath, and the proceedings are recorded. Your child may refuse to testify (Fla. Stat. \u00a7 397.6957<\/a>). You can read more about whether a parent may testify<\/a>.<\/p>\n

Your child must be present at a hearing on a petition for involuntary treatment services unless the court finds that the child knowingly, intelligently, and voluntarily waives the right to be present, or that presence is inconsistent with the child’s best interests or is likely to be injurious to self or others. The court must appoint counsel if it believes your child needs or wants one, regardless of your child’s wishes (Fla. Stat. \u00a7 397.681<\/a>).<\/p>\n

What You May Be Asked to Provide<\/h2>\n

The most useful material is specific, dated events you saw or were told about first-hand. Family testimony about prior history is part of what the court hears (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

Gather these details, with dates where you can:<\/p>\n