Divorce, child custody proceedings, and adoptions are civil actions. Couples
bring divorce proceedings as private civil actions against each other, with the
purpose of the proceeding to be the resolution of property and support claims
and the custody of the children, if any. These are not purely private actions
since all the states require the judge to consider the best interest of the
children, which often means that the state social welfare department must
review the custody agreements. Many states also specific the nature of the
support agreements and whether alimony is available.
The involuntary treatment of the mentally ill, the treatment of minors against
their parents’ consent, and the treatment of temporarily incompetent patients
without or against consent is done through civil proceedings. These are often
initiated by a medical care practitioner who believes the person needs
treatment or care and wants the court to intervene. Judges may allow
individuals to be treated or hospitalized without their consent, or even against
their consent. While it is proper to use involuntary commitment to protect the
public from a dangerous individual, the court cannot confine a person as a
punishment without giving the person the full rights of criminal proceedings.