South Carolina bill mandates licensed attorneys as guardians ad litem in custody cases

The House Education and Public Works Committee of the South Carolina Legislature convened on April 8, 2025, to discuss proposed changes to the state's laws regarding guardian ad litems (GALs) in custody and visitation cases. The primary focus of the meeting was House Bill 3,622, which aims to require that GALs be licensed attorneys in good standing with the South Carolina Bar.

Currently, both attorneys and qualified laypersons can serve as GALs, regardless of whether the parties involved have legal representation. 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 would allow 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. The amendment also ensures that individuals currently serving as GALs in pending cases can continue their roles without being affected by the new changes.

Representative Martin expressed support for the amendment, highlighting the importance of allowing lay guardians to be appointed in contested custody cases, especially when both parties cannot afford an attorney. He noted that lay guardians often charge significantly less than attorney guardians 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 necessity of ensuring access to guardianship services for unrepresented parties. The meeting concluded with a consensus on the importance of the amendments to enhance the bill's effectiveness and address the needs of families involved in custody disputes.

Overall, the committee's discussions reflect a commitment to balancing the need for qualified representation in custody cases while also considering the financial constraints faced by some families in South Carolina. Further steps will be taken to refine the bill and its amendments as it progresses through the legislative process.