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Subcommittee backs bill requiring attorneys as guardian ad litem in most private custody cases, with exceptions
Summary
The Domestic Relations Business and Probate Law Subcommittee gave House Bill 3,622 a favorable report as amended to generally require guardian ad litems in private custody or visitation cases be licensed attorneys, while preserving limited exceptions for lay guardians and existing appointments.
The Domestic Relations Business and Probate Law Subcommittee issued a favorable report on House Bill 3,622 as amended, a proposal that would require guardian ad litems (GALs) in private child custody and visitation cases to be licensed attorneys in good standing with the South Carolina Bar in most circumstances.
The bill would change current practice, under which both attorneys and qualified laypersons may be appointed as GALs regardless of whether the parties are represented. Under the version approved by the subcommittee, lay GALs could still be appointed in cases where both parties are unrepresented; the adopted amendment also would permit parties, regardless of representation status, to mutually agree in writing and with court approval to the appointment…
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