South Carolina H 3622: Private Guardians ad Litem

Bill Text

2025-2026 Bill 3622 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3622

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 GUARDIANS AD LITEM IN PRIVATE CUSTODY OR 
VISITATION CASES, SO AS TO MAKE CERTAIN CHANGES REGARDING CASES IN WHICH 
ATTORNEY AND LAY GUARDIANS AD LITEM MAY BE APPOINTED.

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) A guardian ad litem may be either an 
attorney or a layperson. 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. 

 (A)(1) Except as provided in item (2), a 
guardian ad litem appointed pursuant to Section 63-3-810 must be an attorney 
licensed to practice law in South Carolina whose license is in good standing. 
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.

 (2) If both parties are unrepresented, 
a guardian ad litem appointed pursuant to Section 63-3-810 may be a layperson; 
provided, a lay guardian ad litem must:

 (a) be at least twenty-five years of 
age or older;

 (b) possess a high school diploma or 
its equivalent;

 (c) for initial qualification, have 
completed a minimum of nine hours 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;

 (d) prior to serving as a guardian ad 
litem, have observed three contested custody merits hearings. 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

 (e) complete annually six hours of 
continuing education courses in the areas of custody and visitation.

 (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 applicable education and training requirements provided 
for in subsection (A);

 (2) 
a statement affirming that the guardian ad litem has complied with the 
requ