South Carolina H 3103: Guardians ad Litem

Bill Text

2025-2026 Bill 3103 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3103

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 63-3-820, RELATING TO GUARDIAN AD LITEM QUALIFICATIONS, SO AS TO 
REQUIRE GUARDIANS AD LITEM IN PRIVATE CUSTODY OR VISITATION ACTIONS IN THE 
FAMILY COURT TO BE ATTORNEYS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 63-3-820 of the S.C. Code is amended to read:

 Section 
63-3-820. (A)(1) 
A guardian ad litem may be either must be an attorney or a layperson who is admitted to practice in South Carolina and is licensed 
and in good standing with the South Carolina Supreme Court. A person must not be appointed as a guardian ad litem pursuant 
to Section 63-3-810 unless he possesses the following qualifications:

 (1) a guardian ad litem 
must be twenty-five years of age or older;

 (2) a guardian ad litem 
must possess a high school diploma or its equivalent;

 (3) an attorney guardian 
ad litem must annually complete a minimum of six hours of family law continuing 
legal education credit in the areas of custody and visitation; however, this 
requirement may be waived by the court;

 (4) for initial 
qualification, a lay guardian ad litem must have completed a minimum of nine 
hours of continuing education in the areas of custody and visitation and three 
hours of continuing education related to substantive law and procedure in 
family court. The courses must be approved by the Supreme Court Commission on 
Continuing Legal Education and Specialization;

 (5) a lay guardian ad 
litem must observe three contested custody merits hearings prior to serving as 
a guardian ad litem. The lay guardian must maintain a certificate showing that 
observation of these hearings has been completed. This certificate, which shall 
be on a form approved by Court Administration, shall state the names of the 
cases, the dates and the judges involved and shall be attested to by the 
respective judge; and

 (6) lay guardians ad 
litem must complete annually six hours of continuing education courses in the 
areas of custody and visitation.

 (2) To be qualified for appointment as 
a guardian ad litem pursuant to Section 63-3-810, an attorney must annually 
complete a minimum of six hours of family law continuing legal education credit 
in the areas of custody and visitation; however, this requirement may be waived 
by the court.

 (B) A 
person shall not be appointed as a guardian ad litem pursuant to Section 
63-3-810 who has been convicted of any crime listed in Chapter 3 of Title 16, 
Offenses Against the Person; in Chapter 15 of Title 16, Offenses Against 
Morality and Decency; in Chapter 25 of Title 16, Criminal Domestic Violence; in 
Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances; or 
convicted of the crime of contributing to the delinquency of a minor, provided 
for in Section 16-17-490.

 (C) 
No person may be appointed as a guardian ad litem pursuant to Section 63-3-810 
if he is or has ever been on the Department of Social Services Central Registry 
of Abuse and Neglect.

 (D) 
Upon appointment to a case, a guardian ad litem must provide an affidavit to 
the court and to the parties attesting to compliance with the statutory 
qualifications. The affidavit must include, but is not limited to, the 
following:

 (1) 
a statement affirming that the guardian ad litem has completed the training continuing education 
requirements provided for in subsection (A), unless waived 
by the court;

 (2) 
a statement affirming that the guardian ad litem has complied with the 
requirements of this section, including a statement that the person has not 
been convicted of a crime enumerated in subsection (B); and

 (3) 
a statement affirming that the guardian ad litem is not nor has ever been on 
the Department of Social Services Central Registry of Child Abuse and Neglect 
pursuant to Subarticle 13, Article 3, Chapter 7.

 (E) The court may appoint 
an attorney for a lay guardian ad litem. A party or the guardian ad litem may 
petition the court by motion for the appointment of an attorney for the 
guardian ad litem. This appointment may be by consent order. The order 
appointing the attorney must set forth the reasons for the appointment and must 
establish a method for compensating the attorney.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:04 AM