Panel narrows who may serve as guardian ad litem in private custody cases, allows written agreement for lay guardians

The Domestic Relations Business and Probate Law Subcommittee voted Thursday to adopt an amendment to House Bill 3,622 that would generally require guardian ad litems (GALs) appointed in private child custody or visitation cases to be licensed attorneys in good standing with the South Carolina Bar, while preserving limited roles for qualified lay guardians.

The amendment, adopted unanimously on a roll call vote of 5-0, would permit parties — regardless of whether they are represented — to mutually agree in writing, with court approval, to appoint a lay guardian ad litem. It would also give judges discretion to appoint a lay or attorney guardian based on the facts and circumstances of each case, and it would allow individuals currently serving as lay or attorney guardians in pending cases to continue without interruption.

Supporters said the change balances concerns about…