Panel approves amendment requiring attorneys as guardians ad litem in many represented custody cases

The Domestic Relations Business and Probate Law Subcommittee on Thursday adopted an amendment to House Bill 3,622 that would require guardian ad litem appointments in private child custody or visitation cases to be licensed attorneys in many instances and then gave the bill a favorable report.

The bill as introduced would change South Carolina law to require guardian ad litems in private custody or visitation cases generally be licensed attorneys in good standing with the South Carolina bar; currently, both attorneys and qualified laypersons can be appointed. The amendment adopted during the subcommittee meeting permits parties, regardless of whether they are represented, to mutually agree in writing and with court approval to the appointment of a lay guardian ad litem, gives the court discretion on whether to appoint a lay or attorney guardian based on case facts, and preserves eligibility for individuals already serving in pending cases.

Chair, Domestic Relations Business and Probate Law Subcommittee, explained the amendment and introduced it as drafted with assistance from Representative Barton. Representative David Martin, a subcommittee member, said he supported the change because some counties have experienced longtime lay guardians who charge substantially less than attorneys and because unrepresented parties may not be able to afford an attorney guardian. “When I practice family court, I’ve done hundreds, probably thousands of family law cases throughout the state, and we have been very blessed in York County to have some really good lay guardians who have 20 years’ experience,” Martin said.

The amendment keeps existing lay-guardian qualifications, including age, education, training, court observation and continuing education, while adding the written-consent and court-discretion provisions. Subsection language adopted also ensures individuals currently serving as attorney or lay guardians in pending cases may remain in their roles without interruption.

The subcommittee first adopted the amendment by voice vote and then approved a favorable report on House Bill 3,622 as amended by roll call. Representatives Bernstein, Paula Calhoun, Guest, John King and David Martin voted “aye”; the vote was 5 in favor, none against.

The bill and its amendment affect how courts appoint guardians ad litem in private custody and visitation matters; it does not change statutory criminal or civil penalties. The subcommittee did not specify a timetable beyond the favorable report that moves the measure to the next legislative stage.