{"id":7137,"date":"2026-10-18T03:54:17","date_gmt":"2026-10-18T03:54:17","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-family-member-lives-out-of-state\/"},"modified":"2026-10-20T15:49:17","modified_gmt":"2026-10-20T15:49:17","slug":"involuntary-commitment-addiction-family-member-lives-out-of-state","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-family-member-lives-out-of-state\/","title":{"rendered":"Marchman Act Petition for Out-of-State Family | Florida"},"content":{"rendered":"\n
<\/span>\"Judge
\n

Marchman Act Petitions | South Florida and Statewide<\/p>

Your Loved One Is in Florida. Your Family Is Far Away. We Can Help You Start.<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters. Whether you live out of state or across town, we explain the process and help you take the first step from wherever you are.<\/p>

Schedule Your Free Consultation<\/a><\/div>
Schedule Your Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 17, 2026<\/p>\n\n

\n\n\n

A Marchman Act petition asks a Florida court to order assessment and treatment for an adult with a substance use problem. This guide explains who can file, how distance changes the case, and what the steps look like.<\/p>\n

What a Marchman Act Petition Is and Who Can File One<\/h2>\n

A Marchman Act petition is a request to a Florida court for help with substance abuse. The court can order assessment and treatment when the legal criteria are met. \u00a7 397.675<\/a> requires a good faith reason to believe the person is impaired and has lost self-control over substance use.<\/p>\n

The process starts with a filed petition, not with a treatment provider. For an adult, \u00a7 397.68112<\/a> lets these people file: the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and past treatment.<\/p>\n

Many families assume only a spouse can act. That’s a mistake. A parent, sibling, or adult child can qualify under the statute. The person named in the case is called the respondent.<\/p>\n

The petition must name the respondent and the petitioner. It must state their relationship and lay out the facts. Those facts must show why the petitioner believes the person is impaired. For the full overview, read our involuntary commitment for addiction guide<\/a>.<\/p>\n\n

\n

If your loved one's health is slipping from another state, you don't have to sort out the Florida court steps alone; call Robinson Casey at (561) 849-4149 to talk it through. 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
\"Wooden<\/figure>\n

How Distance Changes a Marchman Act Case<\/h2>\n

The statute ties filing to the county where the person is located. The petition goes to the clerk of the court in that county. \u00a7 397.681(1)<\/a> also says the clerk may not charge a fee for filing it.<\/p>\n

Filing in the wrong county is a real risk. In J.P. v. J.N.<\/a>, the Fifth District treated a wrong-county filing as a venue problem, not a loss of the court’s power to hear the case. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction, as stated in J.P. v. J.N.<\/a>.<\/p>\n

Three questions shape the case:<\/p>\n