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Committee backs bill requiring attorneys as guardian ad litem except in limited cases
Summary
The subcommittee voted 5-0 to give House Bill 3,622 a favorable report as amended, requiring guardian ad litems in private child custody or visitation cases to be licensed attorneys in most cases while allowing court discretion and written party agreement to appoint lay guardians in some situations.
House Bill 3,622 would require guardian ad litems in private child custody or visitation proceedings to be licensed attorneys in good standing with the South Carolina Bar, except in limited circumstances where lay guardians remain allowed.
The bill would change current law, which allows both attorneys and qualified laypersons to serve as guardian ad litems (GALs) regardless of whether the parties are represented. Under the subcommittee amendment adopted Thursday, a lay GAL may be appointed if both parties are unrepresented, parties may mutually agree in writing (with court approval) to a…
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