South Carolina lawmakers propose licensing requirement for guardians ad litem in custody cases

The South Carolina House Judiciary Committee's General Laws Subcommittee convened on April 8, 2025, to discuss significant changes to the state's guardian ad litem (GAL) laws. A proposed bill, H 3,622, aims to require that all guardian ad litems in private custody or visitation cases 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.

Under the new proposal, lay guardians would only be appointed in cases where both parties are unrepresented. However, they would still need to meet existing qualifications, including age, education, training, and continuing education requirements. An amendment to the bill was introduced, allowing parties to mutually agree in writing, with court approval, to appoint a lay guardian ad litem, 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.

Representative Martin expressed support for the amendment, highlighting the importance of maintaining access to lay guardians, especially for unrepresented parties in contested custody cases. He noted that lay guardians often charge significantly less than their attorney counterparts, making them a vital resource for those unable to afford legal representation.

The discussions during the meeting underscored the committee's commitment to ensuring that all parties in custody disputes have access to appropriate support, regardless of their financial situation. As the bill progresses, its implications for families navigating custody and visitation issues in South Carolina will be closely monitored.