The bill H. 3103 seeks to amend Section 63-3-820 of the South Carolina Code of Laws, which pertains to the qualifications of guardians ad litem in private custody or visitation actions within the family court. The key change introduced by this bill is the requirement that guardians ad litem must be attorneys, as opposed to the previous provision that allowed for laypersons to serve in this role. The bill outlines specific qualifications for both attorney and lay guardians ad litem, including age, educational requirements, and continuing education credits in family law.

Additionally, the bill stipulates that individuals with certain criminal convictions or those listed on the Department of Social Services Central Registry of Abuse and Neglect are ineligible for appointment as guardians ad litem. Upon appointment, guardians must provide an affidavit to the court affirming their compliance with the qualifications set forth in the bill. The bill also allows for the court to appoint an attorney for a lay guardian ad litem if necessary. This act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 63-3-820
Latest Version: 63-3-820
12/06/2024: 63-3-820