Subcommittee approves bill requiring attorneys as guardians ad litem in most private custody cases

The Domestic Relations Business and Probate Law Subcommittee voted 5-0 to give House Bill 3,622 a favorable report as amended, a measure that would generally require guardian ad litems in private child custody and visitation cases to be licensed attorneys in good standing with the South Carolina Bar.

The bill would bar routine appointment of lay guardians ad litem when parties are represented by counsel; under the subcommittee amendment adopted on a voice vote, the parties — regardless of representation status — may mutually agree in writing, with court approval, to the appointment of a lay guardian ad litem. The amendment also gives courts discretion to appoint either lay or attorney GALs based on the facts and circumstances of a given case, and preserves the eligibility of individuals already serving as GALs in pending cases.

Why it…