Can Parents File a Marchman Act Petition for an Adult Child?
Watching an adult son or daughter struggle with substance use can leave parents in a difficult position, especially when they believe treatment is needed but no longer have the authority to make that decision.
In some situations, Florida’s Marchman Act gives parents a way to ask the court to step in. You do not have to be your adult child’s legal guardian, and you do not need their consent to file a petition.
What happens after that depends on what has actually been going on. The court looks at more than the fact that a parent is worried or that an adult child has refused treatment. It considers whether the substance use has affected the person in ways that meet the legal requirements for involuntary intervention.
Who can file a Marchman Act petition?
Parents may be able to file for an adult child, but they are not the only people Florida law allows to do so. Depending on the circumstances, a petition may also be filed by:
- A spouse
- A legal guardian
- A relative
- A service provider
Another adult may also be able to file if they have direct personal knowledge of the person’s substance use impairment and their prior history of assessment and treatment.
Because a parent is considered a relative, turning eighteen does not automatically take this option away. Whether a court can actually order involuntary treatment is a separate question that depends on the facts.
What the court looks for beyond refusing treatment
For many parents, this question comes up after they have already tried to get an adult son or daughter into treatment and been met with refusal. As difficult as that is, saying no to treatment is not enough on its own for a court to order involuntary intervention under the Marchman Act.
What matters is how substance use is affecting the person and the decisions they are able to make. The court may look at whether they can appreciate their own need for treatment, whether they can make a rational decision about getting help, and whether their substance use is putting their health or safety, or someone else’s, at serious risk.
Florida law specifically recognizes that a person can refuse treatment without necessarily lacking the ability to make that decision. That is why the circumstances around the refusal matter more than the refusal itself, including what the family has been seeing and how substance use is affecting the person’s ability to care for themselves and stay safe.
What should be included in the petition?
When we file, the court needs to understand what has been happening and why you believe intervention may be necessary.
For a parent, that means describing what you have personally seen, when it happened, and how your child’s substance use has affected their behavior, safety, or ability to care for themselves. Specific examples help, especially where there have been threats or acts of physical harm, significant changes in daily functioning, or previous attempts at treatment.
The petition also includes basic information about your child, your relationship to them, and the facts supporting the request. If they have already been evaluated by a qualified professional, that information may become part of the case.
A statement like “they have been using for years and will not listen” describes how hard this has been on the family. It does not tell the court much about what actually happened. Dates, specific incidents, and firsthand observations are what connect your situation to the legal requirements the court has to apply.
What happens after a petition is filed
Once a petition is filed, the court generally schedules a hearing and determines whether the person named in the petition has an attorney or needs one appointed. The person has a right to counsel throughout the court process.
A clinical assessment also plays an important role. If one has already been completed by a qualified professional, it may be included with the petition. If not, the court may order an assessment before deciding whether involuntary treatment is appropriate. In an emergency, the court can also order assessment and stabilization while the treatment case is pending.
The assessment gives the court information about what treatment, if any, may be appropriate. Once that information is available, the court considers it along with testimony and the other evidence presented at the hearing.
The person who filed the petition must prove the required facts by clear and convincing evidence. If that standard is not met, the court can dismiss the petition. If it is met, the court may order involuntary treatment.
Throughout the process, your adult child remains a participant in the case, with the right to receive notice, have an attorney, and be heard.
Funding and treatment availability are separate practical questions. Depending on the circumstances, treatment may be provided through a publicly funded provider or through a private provider when payment is available.
Who can access Marchman Act court records?
Marchman Act records are generally kept out of public view. Petitions, court orders, and related filings are treated as confidential under Florida law rather than appearing like ordinary court records, and the clerk is restricted from publishing identifying information on a publicly accessible docket.
That protection is real, but it is not the same as sealed. Florida law still allows access to people connected to the case, including the petitioner and respondent, their attorneys, certain health care providers and agencies, and others a court authorizes.
The practical takeaway for families is that the case is protected from general public access without being closed off to the people directly involved.
When substance use and mental health overlap
Substance use and mental health concerns can overlap, which can make it harder for families to know which legal process applies.
The Marchman Act focuses on involuntary services related to substance use, including some situations where a substance use disorder exists alongside a mental health disorder. Florida’s Baker Act deals with involuntary mental health examination under its own legal criteria.
Which process applies depends on what is happening and why intervention may be needed, so it is worth understanding that distinction before deciding how to proceed.
What the Marchman Act can and cannot do
The Marchman Act is sometimes described as a way to force someone into rehab, but that oversimplifies what the process actually does.
It gives a court a way to step in when the legal requirements are met, and to consider whether assessment or treatment is appropriate. Even then, no court can guarantee recovery. It can create an opportunity for someone to receive treatment. What happens after that depends on a great deal the law does not control.
For many families, the Marchman Act becomes an option when voluntary efforts have not worked and the situation has reached a point where the law applies.
When legal guidance can help
By the time a parent starts thinking about the Marchman Act, there is usually a lot going on already. You may be worried about your child, unsure whether the situation is serious enough for a court to step in, and trying to work out what information actually matters.
When we speak with families about Baker Act and Marchman Act matters, we look closely at what has been happening, whether the facts appear to meet the legal standard, and what the process would involve before they decide how to move forward.
Sometimes that leads to a petition. Sometimes it becomes clear the standard is not met yet, or that another approach fits better. Either way, knowing where things stand makes the next decision clearer.
Talk to a Marchman Act attorney about your options
If you are worried about an adult son or daughter who is refusing substance use treatment, a conversation can help you understand whether the Marchman Act may fit your situation and what would be involved.
At Thoele Drach, we will review what has been happening, talk through the facts that may matter, and help you understand your options before you decide what to do next.
Call 904-600-4384 or contact our office to schedule a confidential consultation.
If your child is in immediate danger, call 911. For substance use support and referrals, the SAMHSA National Helpline is available 24 hours a day at 1-800-662-4357.
This article is provided for general informational purposes only and is not legal advice for any specific situation. Florida law and court procedures may change, and how the Marchman Act applies depends on the facts of each case. Reading this article does not create an attorney-client relationship.
