Panel backs bill to require attorneys as guardians ad litem except by agreement or court 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 serving as guardians ad litem in pending cases remain eligible to continue.

Representative Paula Calhoun, presiding, summarized the bill’s effect and presented the amendment to the committee. Calhoun said the bill would change South Carolina law by making licensed attorneys the default appointment for guardians ad litem in private custody and visitation matters. The proposed change would limit lay guardian appointments to situations where both parties are unrepresented unless the parties agree otherwise or the court exercises its discretion. Representative David Martin, who spoke in favor of the amendment, said he had discussed the change with the South Carolina Bar and committee members and that the bar “seems to be in agreement.”

Martin said his experience practicing family law in York County has shown there are long-serving, experienced lay guardians who charge a fraction of what attorney guardians charge and cited Holly Bennett, Terry Loveless and Terry Hagen by name as examples. He said the amendment aims to preserve access to lay guardians for litigants who cannot afford attorney representation while ensuring that parties represented by counsel ordinarily receive a licensed attorney as guardian ad litem.

Calhoun also noted the judiciary and the chief judge had asked that guardians ad litem be licensed attorneys when the parties are represented unless they consent otherwise, and that attorneys are subject to the rules of the bar and the Office of Disciplinary Counsel.

The subcommittee first adopted the amendment by voice vote and then approved a roll-call vote on the bill as amended. The roll call recorded unanimous support: Representative Bernstein (yes), Representative Paula Calhoun (yes), Representative Guess (yes), Representative John King (yes) and Representative David Martin (yes). The measure received a favorable report as amended by a 5-0 vote.

No formal motion to further change appointment standards was made beyond the amendment adopted; the committee did not direct additional staff work or studies on this bill during the meeting.