South Carolina panel debates changes to guardian ad litem requirements in family court

In a pivotal meeting held on April 10, 2025, the South Carolina Legislature's House Regulations, Administrative Procedures, AI and Cybersecurity Committee discussed significant changes to the state's laws regarding guardian ad litems (GALs) in custody and visitation cases. The proposed bill, H 3,622, aims to ensure that only licensed attorneys in good standing with the South Carolina Bar can serve as GALs, a shift from the current practice that allows both attorneys and qualified laypersons to take on this role.

Under the new legislation, lay guardians would only be appointed in cases where both parties are unrepresented. This change raises concerns about access to legal support for individuals who may already be facing financial difficulties. The bill maintains existing qualifications for lay guardians, including age, education, training, and continuing education requirements.

During the meeting, an amendment to the bill was proposed, allowing parties to mutually agree in writing, with court approval, to appoint a lay guardian regardless of their representation status. This amendment also grants the court discretion to appoint either a lay or attorney guardian based on the specific circumstances of each case. Importantly, it ensures that individuals currently serving as guardians in pending cases can continue their roles without disruption.

Representative Martin voiced strong support for the amendment, highlighting the importance of lay guardians who often charge significantly less than their attorney counterparts. He emphasized the need for flexibility in appointing guardians, especially for unrepresented parties in contested custody cases. Martin's experience in family law underscored the value of having seasoned lay guardians available to assist those who cannot afford legal representation.

As the committee deliberated, the discussions reflected a balance between ensuring qualified representation in sensitive custody matters and maintaining access to support for those in need. The proposed changes, if enacted, could reshape the landscape of family law in South Carolina, impacting countless families navigating the complexities of custody and visitation disputes. The committee's next steps will be closely watched as they work towards finalizing the legislation.