South Carolina bill mandates licensed attorneys for guardian ad litem in custody cases

The South Carolina House Medical, Military, Public and Municipal Affairs Committee made significant strides in family law during its April 9, 2025, meeting by advancing a bill aimed at reforming the appointment of guardian ad litems (GALs) in custody and visitation cases. The proposed legislation, H 3,622, mandates that GALs must be licensed attorneys in good standing with the South Carolina Bar, a shift from the current practice that allows both attorneys and qualified laypersons to serve in this role.

Under the new bill, lay guardians would only be appointed in cases where both parties are unrepresented. However, they must still meet existing qualifications, including age, education, training, and continuing education requirements. An amendment to the bill, supported by Representative Martin and drafted with input from Representative Barton, seeks to provide flexibility in these appointments. It allows parties, regardless of their representation status, to mutually agree in writing and with court approval to appoint a lay guardian ad litem. Additionally, the amendment grants the court discretion to appoint either a lay or attorney GAL based on the specific circumstances of each case.

Representative Martin emphasized the importance of this amendment, citing his extensive experience in family law and the value of lay guardians who often charge significantly less than their attorney counterparts. He expressed concern for unrepresented parties in contested custody cases, highlighting that the ability to appoint a lay guardian could ease the financial burden on those unable to afford legal representation.

The committee's discussions reflect a commitment to ensuring that all parties in custody disputes have access to support, regardless of their financial situation. As the bill progresses, it aims to balance the need for qualified representation with the realities faced by families navigating the complexities of custody and visitation issues. The next steps will involve further deliberation and potential adjustments to the proposed legislation before it moves forward in the legislative process.