Guardian ad Litem in South Carolina: Duties, Fees, and Removal

A guardian ad litem in South Carolina is a person the family court appoints to investigate a child’s situation and advocate for the child’s best interests, not to serve as the child’s personal lawyer. Appointment is automatic in abuse and neglect cases brought by the Department of Social Services, and discretionary in private custody or visitation disputes. What the guardian ad litem (GAL) can do, who qualifies to serve, and who pays all depend on which of those two tracks your case falls into.

When the Court Appoints a GAL

If DSS files an abuse or neglect action, the family court must appoint a GAL for the child. Section 63-7-1620 of the South Carolina Code makes this mandatory in every such proceeding, with no judicial discretion to skip it.¹ Federal law reinforces the requirement: under 42 U.S.C. § 5106a, states receiving federal child welfare funding must appoint a trained GAL, either an attorney or a court-appointed special advocate, in every abuse or neglect judicial proceeding.² South Carolina meets that obligation largely through the Cass Elias McCarter Guardian ad Litem Program, a statewide volunteer program administered by the Department of Children’s Advocacy.³

Private custody and visitation cases work differently. Under Section 63-3-810, the court may appoint a GAL only when the judge finds that the court would likely not be fully informed without one and there is a substantial dispute requiring one, or when both parties consent to a court-approved appointee.⁴ The judge has absolute discretion over who serves, and the appointment is made by court order. Parents sometimes agree on a candidate and propose that person; other times the judge picks from attorneys or qualified laypersons already known to the court.

What the GAL Investigates

The GAL’s core job is an independent, balanced investigation into the child’s circumstances. In private custody cases, Section 63-3-830 sets minimum steps. The GAL must meet with and observe the child at least once, visit home settings when appropriate, and interview parents, caregivers, school officials, and others with relevant knowledge. They review school and medical records, and they may petition the court for access to the parents’ medical records or obtain each party’s criminal history when necessary.⁵

The child’s wishes are part of the picture but do not decide it. The statute directs the GAL to consider the child’s preferences “if appropriate,” which acknowledges that a young child, or a child in a manipulative environment, may not voice preferences that match their actual welfare.⁵

The GAL attends all custody and visitation hearings unless excused by the court or by agreement of both parties. They can also suggest evaluations, services, or treatment for the child and family, though the court must approve any such services before they can be ordered.⁵ In DSS cases, Section 63-11-510 adds monitoring compliance with family court orders and filing motions to enforce them or seek judicial review. That appointment stays in place until the family court formally relieves the GAL.⁶

What the Written Report Can and Cannot Say

This is where parents are most often surprised. In private cases, the GAL prepares a final written report containing conclusions from the investigation. That report goes to the court and all parties at least 20 days before the merits hearing. The court can shorten that window, but never below 10 days, and only both parties together can waive the 10-day floor.⁷

The critical limit: the final written report cannot include a recommendation about which parent should receive custody. The GAL also cannot make a custody recommendation at the merits hearing unless the court specifically requests one and states the reasons on the record.⁷ The GAL can present facts, flag concerns about each home, recommend services like counseling, and describe the child’s needs. The ultimate “Parent A should get custody” call is off-limits unless the judge asks for it. If you expected the GAL report to function like a verdict, adjust that expectation early.

The GAL is subject to cross-examination on everything in the report, which must list the names, addresses, and phone numbers of everyone interviewed so both parties can test the factual basis of the conclusions.⁷ The GAL’s underlying case notes, however, are protected as work product and cannot be subpoenaed.⁵

Who Qualifies to Serve in Private Cases

Section 63-3-820 allows either an attorney or a layperson to serve as GAL in private custody or visitation cases, but both must meet detailed standards. Every private GAL must be at least 25 years old and hold a high school diploma or equivalent. Beyond that, the requirements split by professional background:

Attorney GALs must complete at least six hours of family law continuing legal education annually in custody and visitation areas, though the court can waive this requirement.
Lay GALs must complete an initial nine hours of continuing education in custody and visitation topics, plus three hours in family court substantive law and procedure, through courses approved by the Supreme Court Commission on Continuing Legal Education.
Lay GALs must then complete six hours of continuing education annually in custody and visitation, and must observe three contested custody merits hearings before taking their first case, keeping a certificate signed by the presiding judges.

Criminal history is disqualifying. No one convicted of offenses against a person, crimes against morality and decency, domestic violence offenses, or narcotics and controlled substance violations may serve. Anyone ever listed on the DSS Central Registry of Abuse and Neglect is permanently barred. On appointment, the GAL must file an affidavit with the court and all parties confirming compliance with every qualification.⁸

Volunteers appointed through the Cass Elias McCarter program in DSS cases face a parallel bar under Section 63-11-520, which prohibits appointment of anyone convicted of crimes against the person, offenses against morality and decency, narcotics violations, or contributing to the delinquency of a minor.⁶ Federal law requires their training to cover early childhood, child, and adolescent development before they take a case.²

Best Interests Versus the Child’s Wishes

A GAL represents the child’s best interests, which is not the same as representing the child’s wishes. A child may want to live with a parent whose home is unsafe; the GAL’s duty is to tell the court what serves the child’s welfare even when that conflicts with what the child says. In some cases a separate attorney may be appointed to advocate for the child’s expressed preferences, functioning as a traditional lawyer. In DSS proceedings, Section 63-7-1620 contemplates that the GAL will be represented by legal counsel, and the volunteer program operates alongside attorneys.¹ If both roles are present in your case, they can reach different conclusions. The attorney speaks to what the child wants. The GAL speaks to what the child needs. The judge weighs both.

Who Pays and How the Fees Work

In DSS abuse and neglect cases, the volunteer GAL serves without charge. Private custody cases are the opposite. Section 63-3-850 requires the judge to set the method and rate of compensation at the time of appointment, along with an initial fee authorization based on the facts of the case. If the GAL needs to exceed that cap, they must notify both parties and get either the judge’s written approval or both parties’ consent before billing beyond it.⁹

The court measures whether fees are reasonable by weighing the complexity of the issues, how contentious the litigation has become, the time the GAL spent, expenses incurred, and each party’s ability to pay. The GAL provides itemized billing on a schedule the court directs, and either party can petition the court at any time to review whether fees and costs are reasonable.⁹

One cost control worth knowing: the GAL cannot bill for reviewing documents that relate solely to financial matters unrelated to custody, visitation, or child support, or for attending hearings on purely financial disputes that do not bear on parenting suitability.⁵

Removing a GAL

Section 63-3-870 gives a short standard: a GAL may be removed at the court’s discretion.¹⁰ The statute lists no specific grounds, leaving it to the judge. A party who believes the GAL is biased, failing to investigate thoroughly, or otherwise not doing the job can file a motion to remove and replace them. The judge decides whether the concerns warrant it. A GAL can also ask to withdraw because of a conflict, workload, or personal reasons. When a replacement steps in, the prior GAL’s written reports and file materials should be provided so the investigation does not start over.

1
South Carolina Legislature. South Carolina Code 63-7-1620 – Legal
2
Office of the Law Revision Counsel. 42 USC 5106a
3
South Carolina Legislature. South Carolina Code 63-11-500 – Creation, Purpose, and Administration of Program
4
South Carolina Legislature. South Carolina Code 63-3-810 – Appointment
5
South Carolina Legislature. South Carolina Code 63-3-830 – Responsibilities
6
South Carolina Legislature. South Carolina Code Title 63 Chapter 11 – Children’s Services Agencies
7
South Carolina Legislature. South Carolina Code 63-3-830 – Responsibilities
8
South Carolina Legislature. South Carolina Code 63-3-820 – Qualifications
9
South Carolina Legislature. South Carolina Code 63-3-850 – Compensation
10
South Carolina Legislature. South Carolina Code 63-3-870 – Removal