{"id":7166,"date":"2026-10-18T04:43:46","date_gmt":"2026-10-18T04:43:46","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-addicted-parent-children-custody\/"},"modified":"2026-10-21T14:36:48","modified_gmt":"2026-10-21T14:36:48","slug":"involuntary-commitment-addiction-addicted-parent-children-custody","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-addicted-parent-children-custody\/","title":{"rendered":"Addicted Parent Custody Florida: Marchman Act Basics"},"content":{"rendered":"\n
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Addicted Parent Custody Florida: Marchman Act Basics<\/h1>
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By Richard J. Casey III, Esq. \u00b7 Published October 18, 2026<\/p>\n\n

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Many searches about addicted parent custody Florida Marchman Act issues start with one question: can the Marchman Act help the children? A Marchman Act petition asks a Florida court to order assessment and, if the law’s criteria are met, treatment for an adult. Those are separate questions. This page explains how the two fit together and what a family can do now.<\/p>\n

Short Answer: The Marchman Act Is Not a Custody Order<\/h2>\n

A Marchman Act petition asks a court to order assessment and treatment for an adult whose substance use impairs them. Under Fla. Stat. \u00a7 397.6759<\/a>, a parent, legal guardian, or legal custodian who seeks involuntary admission of a minor pursuant to ss. 397.675-397.6977 is required to participate in all aspects of treatment as determined appropriate by the director of the licensed service provider.<\/p>\n

Before a court can order treatment, the petitioner must show more than a bad habit. Under Fla. Stat. \u00a7 397.675<\/a>, there must be a good-faith reason to believe the person is substance abuse impaired. The impairment must also cause the person to lose the power of self-control over substance use.<\/p>\n

The statute then requires a second showing. The person must need services and be unable to appreciate that need, or be likely to neglect themselves in a way that poses a real and present threat of harm.<\/p>\n

Those questions focus on one adult. They do not ask where the children sleep or who makes school decisions. That is why the two questions often run on separate tracks.<\/p>\n\n

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What the Marchman Act Does and Who Can File<\/h2>\n

For an adult respondent, the statute lists who may file. A spouse or legal guardian can file. So can any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior treatment, under Fla. Stat. \u00a7 397.68112<\/a>. A grandparent or adult sibling may fit within “any relative.” <\/p>\n

The petition must name the respondent and the petitioner. It must state their relationship and the facts that show the need for services. Under Fla. Stat. \u00a7 397.68141<\/a>, a recent assessment can accompany the petition. If there was no assessment, or the person refused one, the petition must say so.<\/p>\n

The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it, under Fla. Stat. \u00a7 397.681<\/a>. The court must set a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. \u00a7 397.68151<\/a>.<\/p>\n

Refusal alone is not enough. The statute says a mere refusal to get services does not prove the person lacks judgment about needing them. The respondent also has a right to counsel at every stage of the case.<\/p>\n

How a Treatment Case and a Custody Question Can Run Separately<\/h2>\n

Addicted parent custody questions often involve two separate court matters. The Marchman Act case asks about the adult’s impairment and need for treatment. A custody or time-sharing question asks where the children should live and how parenting time should work.<\/p>\n

Each matter has its own questions and its own filings. The same facts may come up in both, but the court asks different things in each.<\/p>\n

Treatment orders also have limits. Under Fla. Stat. \u00a7 397.697<\/a>, when the conditions are proved by clear and convincing evidence, the court may order involuntary treatment for a period not to exceed 90 days. A renewal may be requested before that period ends. Keep the two tracks separate in your planning.<\/p>\n

Options to Protect Children Living With an Addicted Parent<\/h2>\n

The main tools are a Marchman Act petition for the parent, a guardianship for a minor, and a custody or time-sharing request in family court. Each has its own filing rules and its own timing.<\/p>\n

A guardianship for a minor is one path. Under Fla. Stat. \u00a7 744.3021<\/a>, a parent, brother, sister, next of kin, or another person interested in a minor’s welfare may petition. A guardian for a minor has the authority of a plenary guardian.<\/p>\n

An emergency temporary guardianship is a faster tool. Under Fla. Stat. \u00a7 744.3031<\/a>, a court may appoint one only after finding imminent danger that a person’s health or safety will be seriously impaired. Its authority expires 90 days after appointment, or when a guardian is appointed, whichever comes first.<\/p>\n

The petition must be verified. Under Fla. Prob. R. 5.648<\/a>, a petition for appointment of an emergency temporary guardian must be verified and must state the nature of the emergency and the reason immediate action is needed.<\/p>\n

That emergency statute is written for an alleged incapacitated person. Whether it fits a child’s situation depends on the facts.<\/p>\n\n

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What to Document Before You Talk to a Lawyer<\/h2>\n

Start a dated, factual record now. Write what happened, when it happened, and who saw it. Avoid conclusions like “always high.” Write what you observed, such as slurred speech at school pickup on a specific date.<\/p>\n

Useful records include:<\/p>\n