South Carolina considers attorney-only guardian ad litem law with amendment for lay guardians

The Senate Family and Veterans' Services Committee convened on April 9, 2025, to discuss proposed changes to South Carolina law regarding guardian ad litems (GALs) in custody and visitation cases. The primary focus of the meeting was House Bill 3622, which aims to require that GALs in private custody or visitation cases be licensed attorneys in good standing with the South Carolina Bar.

Currently, the law allows both attorneys and qualified laypersons to serve as GALs, regardless of whether the parties involved are represented by legal counsel. However, the proposed legislation would restrict the appointment of lay guardians to cases where both parties are unrepresented. Lay guardians would still need to meet existing qualifications, including age, education, training, court observation, and continuing education requirements.

During the meeting, an amendment to the bill was introduced, which was drafted with input from Representative Barton. This amendment seeks to modify the original proposal by allowing parties, regardless of their representation status, to mutually agree in writing and with court approval to appoint a lay guardian ad litem. Additionally, it would grant the court discretion to appoint either a lay or attorney GAL based on the specific circumstances of each case. Importantly, the amendment ensures that individuals currently serving as GALs in pending cases would remain eligible to continue their roles despite the proposed changes.

Representative Martin expressed support for the amendment, highlighting the importance of allowing lay guardians to serve in contested custody cases, especially when both parties cannot afford an attorney. He noted that lay guardians often charge significantly less than their attorney counterparts and emphasized the value of experienced lay guardians in the community.

The committee members engaged in discussions regarding the implications of the proposed changes and the amendment, considering the balance between ensuring qualified representation and accessibility for families in need. The meeting concluded with a call for further comments and questions from the committee members as they deliberated on the bill and its amendments.

Overall, the committee's discussions reflect a commitment to refining the legal framework surrounding guardian ad litems in South Carolina, aiming to enhance both the quality of representation and the accessibility of legal resources for families navigating custody and visitation disputes.