South Carolina legislators propose amendments for guardian ad litem attorney requirements

The House Regulations, Administration Procedures, AI and Cybersecurity Committee convened on April 9, 2025, to discuss significant legislative changes regarding guardian ad litems (GALs) in South Carolina. The primary focus of the meeting was House Bill 3,622, which proposes that only licensed attorneys in good standing with the South Carolina Bar can serve as GALs in private custody or visitation cases.

Currently, both attorneys and qualified laypersons can be appointed as GALs, regardless of whether the parties involved have legal representation. However, the proposed bill would restrict the appointment of lay guardians to cases where both parties are unrepresented. Lay guardians would still need to meet existing qualifications, including age, education, training, court observation, and continuing education requirements.

During the meeting, an amendment to the bill was introduced, which was drafted with input from Representative Barton. This amendment would allow parties, regardless of their representation status, to mutually agree in writing and with court approval to appoint a lay guardian ad litem. Additionally, it would grant the court discretion to appoint either a lay or attorney GAL based on the specific circumstances of each case. The amendment also ensures that individuals currently serving as either attorney or lay guardians in pending cases can continue their roles without being affected by the new changes.

Representative Martin expressed support for the amendment, highlighting the importance of allowing lay guardians to remain an option, especially for unrepresented parties in contested custody cases. He noted that lay guardians often charge significantly less than attorney guardians and can provide valuable experience in family law matters. Martin emphasized the need for flexibility in appointing guardians to ensure that individuals without the means to hire an attorney still have access to necessary legal support.

The committee's discussions underscored the balance between ensuring qualified representation in custody cases and maintaining accessibility for those who may not be able to afford legal fees. The proposed changes and the accompanying amendment will be further evaluated as the legislative process continues.