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

The South Carolina House Medical, Military, Public and Municipal Affairs Committee made significant strides in family law during their April 8, 2025, meeting by advancing House Bill 3,622. This proposed legislation aims to enhance the qualifications for guardian ad litems (GALs) in custody and visitation cases, mandating that they 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 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 Barton, was introduced to allow 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 GAL based on the specifics of each case.

Representative Martin voiced strong 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 families who cannot afford legal representation.

The committee's discussions underscored the balance between ensuring qualified representation in family law cases while also addressing the financial realities faced by many families. The proposed changes aim to streamline the process and ensure that all parties have access to necessary support during custody disputes. As the bill moves forward, its implications for families navigating the complexities of custody and visitation will be closely monitored.