SERVICES
Child custody proceedings may be private (between family members) or may involve a state agency such as the Department of Social Services (DSS). In a private action before the family court concerning child custody or visitation issues, the court may appoint a lawyer or lay (non-lawyer) guardian ad litem for a minor child. Upon appointment, a guardian ad litem must provide an affidavit to the court and to the parties attesting to compliance with the statutory qualifications.
The qualifications for a non-lawyer to be appointed as a guardian ad litem:
​
-
Must be twenty-five years of age or older;
-
Must possess a high school diploma or its equivalent;
-
Must complete a minimum of nine hours of continuing education in the areas of custody and visitation and three hours related to substantive law and procedure in family court. These courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization;
-
Must observe three contested custody merits hearings prior to serving as a guardian ad litem.
-
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; Chapter 15 of Title 16, Offenses Against Morality and Decency; in Chapter 25 of Title 16, Criminal Domestic Violence; 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. 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.
-
Once qualified, lay guardians ad litem must complete annually 6 hours of continuing education courses in the areas of custody and visitation.
​
S.C. Children's Guardian Services provides the requisite 12-hour training for individuals who seek to become qualified as lay guardians ad litem to serve in private family court matters (not with DSS matters) in the state of South Carolina; and
S.C. Children's Guardian Services provides the requisite 6-hour training for individuals who have been qualified as guardians ad litem and who seek to comply with the continuing education requirements as required by S.C. Code of Laws Ann. Section 63-3-820(A)(6).