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Panel backs bill to require attorneys as guardians ad litem except by agreement or court discretion
Summary
The subcommittee voted 5-0 to give House Bill 3,622 a favorable report after adopting an amendment that requires guardian ad litems in private custody or visitation cases to be licensed attorneys except where parties mutually agree otherwise or the court exercises discretion.
House Bill 3,622 would require guardian ad litems in private child custody or visitation cases to be licensed attorneys in good standing with the South Carolina Bar, with limited exceptions agreed to by the parties or granted by the court.
The Domestic Relations Business and Probate Law Subcommittee adopted an amendment that lets parties, regardless of whether they are represented, mutually agree in writing (with court approval) to the appointment of a lay guardian ad litem and gives the court discretion to appoint a lay or attorney guardian ad litem based on the facts and circumstances of each case. The amendment also includes a grandfathering clause so individuals already…
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