Bill > H3103

This bill amends South Carolina law to require that guardians ad litem (GALs) in private custody or visitation cases must be attorneys. Previously, GALs could be either attorneys or laypersons, but now only licensed attorneys in good standing with the South Carolina Supreme Court can serve in this role. The bill maintains existing qualification requirements for attorney GALs, including completing six hours of annual family law continuing legal education in custody and visitation areas, which can be waived by the court. The bill also preserves existing prohibitions against appointing individuals with certain criminal convictions or those listed on the Department of Social Services Child Abuse and Neglect Registry as GALs. When appointed, GALs must still provide an affidavit attesting to their compliance with statutory qualifications. The primary change is the elimination of lay guardians ad litem in private custody and visitation cases, effectively requiring legal professional representation in these sensitive family court proceedings. The bill will take effect upon the Governor's approval.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3103&session=126&summary=B