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The rest of what we have written about South Carolina. Every figure is quoted from South Carolina’s own statute or its courts’ own published schedule, and carries the date we last checked it.

Guardians ad litem and child representation in South Carolina: who they are, what they owe your child, and who pays

If custody is contested in South Carolina, the court can appoint someone to look into your family and report to the judge. This page is what South Carolina’s own statutes and court rules say about who that person is, what duty they owe, and — the part almost nobody asks in time — who pays for them.

How this page is sourced

Everything below is traced to South Carolina’s own statute or court rule, quoted where the wording matters. Where we could not verify something from a primary source, the page says so in plain terms rather than filling the space. This is information, not legal advice. Corrections go up at thecusp.app/corrections.

Duty owed
Best interests
Advocates for what they judge is best for the child — not necessarily what the child wants.
Who can serve
Need not be an attorney
A trained lay person may serve.
Who pays
The parties, by court order
Allocated between you at the court’s discretion.
Official rate
No published rate
No official fee schedule exists that we could find.
The short version7 points · tap one to jump to it
  1. What the role is called here — A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer.
  2. How an appointment happens
  3. What duty they owe your child
  4. Who can be appointed — S.C. Code Ann. § 63-3-820(A) states 'a guardian ad litem may be either an attorney or a layperson,' setting distinct qualification tracks (continuing-education hours, hearing observations, etc.) for lay guardians ad litem.
  5. Who pays — We looked for an official South Carolina fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one.
  6. The thing worth knowing about South Carolina
  7. What we could not verify
In this subject 9

What the role is called here

guardian ad litem

Names matter more than they look. A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer. An attorney for the child argues for what your child actually wants. Those are opposite duties. The four roles, explained in full.

How an appointment happens

S.C. Code Ann. § 63-3-810
In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that: (1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute…; or (2) both parties consent

Source: S.C. Code Ann. § 63-3-810 · source

What duty they owe your child

best interests

In the statute’s own words
The responsibilities and duties of a guardian ad litem include, but are not limited to: (1) representing the best interest of the child

Source: S.C. Code Ann. § 63-3-810 · source

Who can be appointed

S.C. Code Ann. § 63-3-820(A) states ‘a guardian ad litem may be either an attorney or a layperson,’ setting distinct qualification tracks (continuing-education hours, hearing observations, etc.) for lay guardians ad litem.

Who pays

S.C. Code Ann. § 63-3-850
A guardian appointed by the court is entitled to reasonable compensation, subject to the review and approval of the court. In determining the reasonableness of the fees and costs, the court must take into account… the financial ability of each party to pay fees and costs

Source: S.C. Code Ann. § 63-3-850 · source

If you cannot pay

none found – § 63-3-850(B) directs the court to weigh ‘the financial ability of each party to pay fees and costs’ in setting a reasonable fee, but no separate provision waiving or shifting fees for an indigent party was located.

There is no published price

We looked for an official South Carolina fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one. That is true of most states — only a handful publish figures at all, among them Arkansas, Massachusetts and Minnesota, and those are subsidized program rates rather than market ones.

The numbers circulating online come from law-firm marketing pages. We will not repeat those as though they were sourced. Call your county family court clerk and ask what appointees there actually charge. It is local, current, and free.

The thing worth knowing about South Carolina

South Carolina’s guardian ad litem is statutorily barred from recommending a custody outcome unless the court specifically asks: § 63-3-830(A)(6) provides that ‘the final written report must not include a recommendation concerning which party should be awarded custody, nor may the guardian ad litem make a recommendation as to the issue of custody at the merits hearing unless requested by the court for reasons specifically set forth on the record.’

What we could not verify

For South Carolina we could not confirm the following from a primary source, and we would rather say so than guess:

  • the custody evaluation provision

If you practice in South Carolina and can point us at the right provision, tell us. Corrections are published with the date, what changed, and how long the error was live.

Other states

Related

Sources last checked29 August 2026
Page published29 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the date this page was built from its sources. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Law changes without notice, so treat anything time-sensitive as needing a fresh check. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.