South Carolina bill mandates licensed attorneys for guardian ad litem in custody cases

A proposed bill in South Carolina aims to reshape the landscape of guardian ad litem appointments in custody and visitation cases, mandating that only licensed attorneys in good standing with the South Carolina bar can serve in these critical roles. Currently, both attorneys and qualified laypersons can be appointed as guardians ad litem (GALs), regardless of whether the parties involved have legal representation. However, the new legislation would restrict lay guardians to cases where both parties are unrepresented.

During the Senate Judiciary Subcommittee meeting on April 8, 2025, an amendment was introduced to modify the bill. This amendment, crafted with input from Representative Barton, would allow parties to mutually agree in writing, with court approval, to appoint a lay guardian ad litem, regardless of their representation status. Additionally, it would grant the court discretion to appoint either a lay or attorney guardian based on the specifics of each case. Importantly, individuals currently serving as guardians in pending cases would remain eligible to continue their roles, unaffected by the proposed changes.

Representative Martin voiced strong support for the amendment, highlighting the importance of lay guardians who often charge significantly less than their attorney counterparts. He emphasized that in contested custody cases involving unrepresented parties, the ability to appoint a lay guardian could be crucial for those who cannot afford legal representation. Martin's remarks underscored the need for flexibility in the system to ensure fair access to guardianship for all parties involved.

As discussions continue, the implications of this bill and its amendments could significantly impact how custody and visitation cases are handled in South Carolina, particularly for those facing financial barriers to legal representation.