South Carolina Code 63-3-810. Appointment
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(A) 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 which necessitates a guardian ad litem; or
Terms Used In South Carolina Code 63-3-810
- Child: means a person under the age of eighteen. See South Carolina Code 63-1-40
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who legally has the care and management of a child. See South Carolina Code 63-1-40
(2) both parties consent to the appointment of a guardian ad litem who is approved by the court.
(B) The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.