Understanding the Role of the Guardian ad Litem in South Carolina Custody Cases

When parents go through a custody fight in South Carolina, the court wants to know one thing above all else. What is best for the child? That’s where the guardian ad litem comes in. This person is not a judge or a lawyer for the parents. Their job is to look out for the child.

What Does a Guardian ad Litem Do

A guardian ad litem, sometimes just called a GAL, is someone the judge picks to help the court understand what life is really like for the child. The GAL talks to people who know the child well. This might include teachers, doctors, counselors, family members, and even neighbors. They also spend time with the child and each parent. They do this to learn what the child needs, what the child wants, and what kind of home will give them the best chance to grow up happy and healthy. The GAL is not on anyone’s side. They are not there to win or lose. Their job is to help the judge see the full picture. Once they’ve done all their work, the GAL writes a report. This report goes to the court and shares what they found, what they think is best for the child, and why.

How Is a Guardian ad Litem Chosen

In South Carolina, a GAL must have special training and approval from the state. Sometimes the GAL is a lawyer. Other times, they are not. Either way, they must know how to speak with children and how to gather facts that matter. The judge picks the GAL early in the case, often at one of the first court hearings. Parents may agree on who should be the GAL. If not, the judge decides. The GAL is usually paid by the parents. Sometimes the court decides one parent must pay more than the other. In some cases, if the family has little money, a free volunteer GAL might be assigned.

What Can You Expect Once a GAL Is Involved

After being appointed, the GAL will contact both parents. They will ask for information and want to visit each home. They will watch how each parent acts with the child. They may ask about school, meals, discipline, and how the child feels in each home. They also look for signs that a child is being treated badly or living in a place that is not safe. If something concerns the GAL, they take it seriously. Parents should be honest and cooperative. Trying to hide something from the GAL or refusing to work with them only makes things harder. It’s better to show you care about your child and are willing to do what’s best.

What Does the GAL’s Report Mean for Your Case

The GAL’s report can have a big effect on the outcome of your custody case. Judges listen carefully to what the GAL recommends. That’s because the GAL has spent time doing what the court cannot do itself—getting to know the child and their life in detail. Still, the judge is the one who makes the final choice. The GAL is a guide, not the decision-maker. But if the GAL strongly believes one parent offers a better home, the court often follows that advice.

What Should Parents Do When a GAL Is Involved

When a GAL is part of your case, keep the focus on your child. Make sure they get to school on time. Keep up with doctor visits. Provide a steady, caring home. Avoid fighting with the other parent in front of the child or the GAL. Speak truthfully. Don’t try to tear the other parent down. The GAL is not looking for the perfect parent. They are looking for the parent who puts the child first.

Why the GAL’s Role Matters So Much

Custody cases are never easy. They are full of strong feelings, long hours in court, and hard choices. The GAL makes sure the child is not lost in all of that. Without a GAL, the judge might only hear from the parents and lawyers. But with a GAL, the child has someone speaking up for them. When the judge hears from the GAL, they hear what school the child likes, who makes their favorite breakfast, or why they sleep better at one house. These small things can make a big difference in a child’s life. The GAL brings those facts to light.

What Happens After the Judge Decides

Once the judge makes a ruling, the GAL’s work is mostly done. They may still help the family adjust if needed, but their job in court ends. The goal is always the same—to help the child land in a safe, stable place. If something big changes after the case is over, parents can ask the court to look at custody again. This might happen if a parent moves far away or if something unsafe happens in one of the homes.

What If You Disagree With the GAL

Sometimes parents feel that the guardian ad litem did not get everything right. Maybe you think they misunderstood something or missed an important detail. That can happen. Remember, the GAL is still just one person. They make the best call they can based on what they see and hear. If you don’t agree with what the GAL recommends, you can speak up. Your lawyer can ask the GAL questions in court. You can also bring in your own evidence or witnesses. Judges listen to everything, not just the GAL’s report. Still, it’s wise to focus on the facts and not on blaming the GAL. Stay calm, stay respectful, and let the judge see you’re focused on your child.

How Children Are Involved in the Process

You might wonder how much say your child has in all of this. That depends on their age and what the judge believes is right. In some cases, older children are asked how they feel. The GAL may speak with them in private, away from parents, to hear their thoughts without pressure. Younger children might not be asked what they want but how they feel. The GAL may watch how they act around each parent and listen to what they say during play or daily moments. The court never wants to put the child in the middle. They try to hear the child’s voice without asking them to choose sides.

Why All of This Should Matter to You

If you are a parent facing a custody case in South Carolina, the guardian ad litem is not someone to fear. They are there to help your child. And when you focus on that too, you show the court that your child comes first. Don’t try to outsmart the process. Show your heart, your home, and your hope for a better life for your child. That is the path that often leads to the best result. If you need help making sense of how a guardian ad litem may affect your case or want help preparing for what’s ahead, talk to someone who knows how this all works. The team at McCutchen Vaught Geddie & Hucks, P.A. understands what you’re going through and stands ready to walk beside you every step of the way. Give us a call and let’s work together for your child’s future.