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Subcommittee backs change to guardian ad litem rules, allows limited lay appointments by agreement
Summary
The Domestic Relations Business and Probate Law Subcommittee gave a favorable report, as amended, to House Bill 3,622, moving to require attorney guardians ad litem in many private custody and visitation cases while preserving limited use of qualified lay guardians by court order or written party agreement.
The Domestic Relations Business and Probate Law Subcommittee on Thursday gave a favorable report, as amended, to House Bill 3,622, a measure that would generally require guardians ad litem in private child custody and visitation cases to be licensed attorneys. The vote was 5-0.
The bill would change current South Carolina practice, which allows both attorneys and qualified laypersons to serve as guardians ad litem (GALs) in private custody or visitation matters regardless of whether the parties are represented. Under the version reported by the subcommittee, lay GALs would be limited: they could be appointed only in cases where both parties are unrepresented unless the parties mutually agree in…
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