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.
See a different stateSouth Carolina
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.
The short version7 points · tap one to jump to it
- 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.
- How an appointment happens
- What duty they owe your child
- 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 — We looked for an official South Carolina fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one.
- The thing worth knowing about South Carolina
- What we could not verify
In this subject 9
What the role is called here
The short version7 points · tap one to jump to it
- 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.
- How an appointment happens
- What duty they owe your child
- 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 — We looked for an official South Carolina fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one.
- The thing worth knowing about South Carolina
- What we could not verify
In this subject 9
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
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
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
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
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.
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
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- South Carolina child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made