An order arrives naming a stranger as your child's Guardian ad Litem. Within a week, that stranger wants to visit your home, talk to your child's teacher, and sit down with you for an interview. Most parents have the same three questions: who is this person, what are they looking for, and who is paying for it?

A guardian ad litem, or GAL, is someone the Family Court appoints to represent your child's best interest, investigate the family independently, and report what they find to the court. The GAL is not your lawyer, not your child's therapist, and not the judge. Understanding that role is most of what it takes to deal with one well.

When a South Carolina family court judge appoints a GAL

In a private custody or visitation case, a GAL is not automatic. Under S.C. Code § 63-3-810(A), the court may appoint one only when it determines that, without a GAL, “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 when “both parties consent to the appointment of a guardian ad litem who is approved by the court.” The appointment is made by court order, and the judge has absolute discretion over whom to appoint.

So a GAL usually signals one of two things: the parents asked for one together, or the judge decided the dispute was serious enough that the court needed its own set of eyes.

What the GAL actually does

The statute spells out the job. Under S.C. Code § 63-3-830(A), the GAL's investigation must be “independent, balanced, and impartial,” and it includes:

• obtaining and reviewing relevant documents;
• meeting with and observing the child on at least one occasion;
• visiting the home settings if deemed appropriate;
• interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case;
• obtaining the criminal history of each party when determined necessary; and
• considering the wishes of the child, if appropriate.

The GAL also attends the custody hearings and keeps a file. The GAL's notes are treated as work product, which means you generally cannot subpoena them.

What a GAL is really looking for

The GAL's duty is to represent the child's best interest, and the court weighs best interest using 17 factors listed in S.C. Code § 63-15-240(B), a list the statute says is not exhaustive. Those factors are the best guide to what a GAL is paying attention to. It is important to understand the best-interest factors, and our firm strives to explain them for a parent who isn't a lawyer.

A few of them tend to surface in a GAL's investigation because they show up in everyday life. The court may weigh “the past and current interaction and relationship of the child with each parent,” “the actions of each parent to encourage the continuing parent-child relationship between the child and the other parent,” and “any effort by one parent to disparage the other parent in front of the child.” In practical terms, that means a GAL notices who knows the pediatrician's name, who gets the child to school on time, who speaks about the other parent with restraint, and whose home is calm when a visitor walks in unannounced.

The report, and what it usually will not say

The GAL submits a final written report to the court and both parties. Under § 63-3-830(A)(6), it is due “no later than twenty days prior to the merits hearing, unless that time period is modified by the court, but in no event later than ten days prior to the merits hearing.” The ten-day requirement can be waived only if both parties agree.

Here is the part that surprises parents. The report “must not include a recommendation concerning which party should be awarded custody,” and the GAL may not make one at the hearing either, “unless requested by the court for reasons specifically set forth on the record.” The GAL reports facts and may draw conclusions from them, and either side's lawyer can cross-examine the GAL on both. But the recommendation on who gets custody is off the table unless the judge asks for it on the record, and deciding child custody is always the judge's job.

Who pays the GAL

When the judge appoints a GAL, S.C. Code § 63-3-850(A) requires the judge to set “the method and rate of compensation,” including an initial fee authorization. If the GAL needs to go beyond that amount, the GAL must give both parties notice and get either the judge's written authorization or both parties' consent. Fees must be reasonable and are subject to the court's review. The appointment order is where you will find the fee terms for your case, so read it.

GALs also have to disclose, in writing, any relationship with a party and any interest that might call their impartiality into question (§ 63-3-860), and the court may remove a GAL in its discretion (§ 63-3-870).

What this means for you

Treat the GAL as what the statute says they are: an independent investigator for your child. Respond promptly. Provide the documents they ask for. Let them see your ordinary life, not a staged version of it. Talk about your child, in specifics, far more than you talk about your ex.

And know what backfires. Coaching a child before an interview is usually obvious to an experienced GAL. So is a stack of complaints about the other parent with nothing about the child in it. Hiding something the GAL will find anyway costs credibility you cannot get back. If you have a real concern about the GAL's fairness, raise it through your lawyer, not in an argument with the GAL. Our page on the best interest of the child explains the standard the whole process serves.

Stevens Family Law, LLC is devoted exclusively to family law, and our attorneys handle custody and visitation matters in Family Courts across South Carolina. A guardian ad litem may spend only a few months with your family; preparing for that time calmly and truthfully is part of the work we do with parents in custody cases. Call us at (864) 598-9172, or request a consultation.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Custody decisions are highly fact-specific, and the guardian ad litem statutes can be amended; the provisions described here are current as of November 2026.