A guardian ad litem (GAL) is an individual appointed by the court and tasked with representing a child’s best interests in cases involving contested custody and visitation, adoption, abuse and neglect, name changes, and termination of parental rights.  South Carolina Children’s Code Chapter 3 governs a guardian ad litem’s appointment and conduct in private cases, such as a divorce, where custody and visitation are disputed.  In these cases, the law allows the court to name a GAL only if:

• Without a GAL, the court is not likely to be fully informed of all the facts and there is a substantial dispute requiring a GAL’s assistance; or
• Both parties agree to a GAL who is appointed by the court. (See S.C. Code Ann. Sec. 63-3-810, et seq.)

Often, the GAL is an attorney, but is not required to be.  Before becoming a GAL, a person must complete several hours of training as specified in the statute. In private cases, the parties pay the GAL’s fees, which the court sets forth at the time of appointment.

The GAL’s primary function is to represent the best interests of the child in the particular litigation.  The law describes several responsibilities the GAL has in fulfilling this function.

Investigate

First, the GAL should conduct what the statute calls an “independent, impartial and balanced investigation” to determine the relevant facts in the case.  As part of her investigation, the GAL will likely do some or all of the following:

• Interview the child in person at least once;
• Interview the parents, caregivers, school officials and others who may have relevant information;
• Examine the child’s school and medical records;
• Visit the child’s home; and
• Depending on the child’s age and maturity level, consider the child’s own wishes.

Make suggestions

After becoming familiar with the facts of the case, where it is appropriate the GAL should make suggestions to the court about any necessary evaluations, services or treatment for the child or the family.

Write reports

The GAL must produce clear and comprehensive written reports for all parties and the court, including a final written report concerning the child’s best interests.  However, by law this final report must not contain any recommendations about which party should be granted custody. Additionally, the GAL may not make a custody recommendation at a hearing on the merits of the case, unless the court requests it and specifically sets forth reasons for doing so in the record.

Other tasks

The GAL should attend all court hearings related to custody and visitation, and keep a complete file.  In advocating for the child’s best interest, the GAL may submit briefs, memoranda and affidavits to the court as well.

Although the GAL cannot ultimately make custody recommendations, the court will pay attention to his or her suggestions and reports.  Therefore, as a rule of thumb it is best to be as cooperative as possible with the GAL.

Consult an experienced Greenville family law attorney

If you or your spouse is contemplating a divorce or a change in custody or visitation arrangements, advice from a knowledgeable family lawyer can be invaluable.  Robert Clark is an experienced attorney adept at handling all manner of family law cases in Greenville.  For a consultation on any aspect of family law, contact us today.

In some situations the federal government has no legal authority to compel a state to implement certain policies and laws.  The federal government can, however, induce practically all state governments to implement policies and laws by throwing money at the issue.  Uniformity or near uniformity of child support laws and enforcement of child support laws is one particular area in which the federal government found it important to create near uniformity.  The Social Security Act of 1975 created what are called “Title IV-D” agencies – child support support enforcement agencies.  Under Title IV-D, the federal government provides block grants to states that create, implement and administer child support programs in conformity with “major design features” of federal law.

Federal Oversight

The Federal Department of Health and Human Services is the agency that is statutorily enabled to implement and enforce funding under Title IV-D of the Social Security Act of 1975.  The Department of Health and Human Services promulgates regulations that further define the broad policy considerations that the Social Security Act of 1975 speak to.  For example, 42 C.F.R. § 302.56(c) states the minimum considerations state child support laws must adhere to in order to obtain federal funding.  Another example is that states must review, although not necessarily revise, state child support guidelines, at least every four years, to ensure “appropriate child support award amounts.

Child Support Obligations In South Carolina

Determining child support obligations can be surprisingly difficult.  Certainly, some cases are rather easy, when one or both parents earn a set salary and there is a simple custodial arrangement.  The state has set up a website for preliminary child support amounts here with guidelines found here.  In some situations, when both parents work and own personal businesses, it is difficult to determine what the parents’ income actually is.  To further complicate matters, on occasion parents may have child support obligations from former relationships and even more children from subsequent relationships.  Special needs, childcare for a working parent and other considerations all factor into the final child support obligations.

It is important to understand your rights and obligations to child support as a parent in South Carolina. Ultimately, if one spouse is required to pay child support as per the divorce agreement, he or she must do so in a timely manner or face penalties. Conversely, the recipient spouse has a right to child support according to the agreement; if he or she doesn’t receive compensation, he or she should speak to an attorney for help.

Family Law Help in Greenville

If you are in a situation that requires you to apply for child support, you need an experienced and compassionate family law attorney.  Robert A. Clark is a family law attorney with extensive experience dealing with these issues with verve and sympathy.  If you want to seek child support or a modification of your current agreement, or you would like to speak to a lawyer about other aspects of family law, contact us to leave a simple legal inquiry or to setup an appointment.  We look forward to hearing from you.

There are independent groups that lobby and advocate for harmonization of the law across the country.  The American Law Institute, which publishes and updates the Restatements of the Law is one example.  The National Conference of Commissioners on Uniform State Laws is another.  Some of the family law enactments that it helped to draft and institute are the Adoption Act and the Child Abduction Prevention Act.  

One of the most widely enacted acts produced is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).  It has been implemented in every state, except Massachusetts.  In addition, the District of Columbia, Guam and United States Virgin Islands also enacted the UCCJEA.  The animating philosophy is to “limit the state with jurisdiction over child custody to one, which avoids competing orders” and to “provide enforcement provisions for child custody orders.”  

Only One Court Allowed To Adjudicate

South Carolina’s particular version of the UCCJEA is at S.C. Code Ann. §§ 20-7-782 et seq.  Only one “state” can validly create or modify child custody orders, otherwise known as the child’s “home state”.  The child must have lived in the home state at least six months previous to any court asserting jurisdiction over custody matters. In addition, notice and an opportunity to be heard must be provided to the affected parent(s) and custodial parties.

Five Basis To Act

Four specifically delineated grounds enable a court to create or modify a child custody order.  The first is “home state” which is, as noted above, the state where the child resides and has resided for the past six months; here the court must be in the child’s home state.  There are some exceptions to this, such as when one parent leaves the state and the other parent stays behind.  

The second requires the child to have a “significant connection” to the state in which the court operates.

The third grounds for jurisdiction is commonly called “vacuum jurisdiction,” which is when no other state meets the previously noted prerequisites, or another state declined jurisdiction on grounds that this state is the more appropriate jurisdiction. Here, this court would have jurisdiction of the case.   

Finally, there is basis for the court to create or modify a child custody order in an emergency situation. Consider, for example, a parent traveling with his/her child from New York to Florida and who has a psychotic episode in South Carolina. This may require a South Carolina court to adopt jurisdiction in order to modify a custody arrangement, depending on the outcome and the severity of the case.

Let Us Help You Today

If you need assistance modifying or creating a child custody agreement, contact an attorney today. Robert A. Clark is a compassionate, understanding family law attorney with experience dealing with the various issues involved in such a case.  If you or someone you know is dealing with such a situation or would like to speak to a lawyer about other aspects of family law, Robert A. Clark can be reached directly at (864) 335-9730. We look forward to working with you in Greenville.

The African proverb that “it takes a village to raise a child” is still alive and real even today.  There are many circumstances when parents cannot be the parent they want to be or who the child needs them to be and the parent has to rely on friends or family.  Parents have health complications, military deployments and work obligations that do not enable them to be the at-home, hands-on parent they want to be.  When the other parent cannot help or has military deployments or work obligations as well, it is not unheard of for grandparents and other family members to step up and help.  The law says that these people who stand in the shoes of the parents stand in loco parentis.  Sometimes these people are the only parent that the child knows.  These third party parents are also called the psychological parent or de facto parent.

Benefits And Obligations As A Parent 

The right to make educational decisions, consent to surgery and all kinds of other medical decisions are natural rights that arise as a result of being the biological parent to the child.  Being a parent also carries with it obligation to support the child, which, if court ordered and unpaid, can result in imprisonment, or incarceration, until the arrears are purged.

Why A Custody Order Is Beneficial 

A custody order is generally more than a good idea when the family members take on the responsibility to care for, watch over and raise a child not their own.  It is necessary to help enroll the child in school, go to the doctor’s office for routine and emergency visits and everything in between.  Even issues dealing with the child’s religious and educational needs may require a custody order.

If I Stand In Loco Parentis Will I Have The Same Legal Obligations As A Natural Parent?

But what of the obligations that normally attend parents?  Do those who stand in loco parentis also carry an obligation to support the child?  There are some limited circumstances when the grandparents have a responsibility for child support of their minor’s child.  Other states have case law that require a party who stands in loco parentis to pay child support.  For example, in a relatively recent case in Tennessee, Frances Rodriguez v. Charles G. Price, the court ruled that if the party who stands in in loco parentis “failed to make the payments that he was obliged to make” the other parent (in that case a biological parent) could seek enforcement of the child support obligation in a contempt proceeding.  One South Carolina case in particular has the most clear and definitive language on the issue for South Carolina at least.  Gunn v. Rollings, 250 S.C. 302, 157 S.E. 2d 590 (1967) stated that “[w]here one is in loco parentis, the rights, duties, and liabilities of such person are the same as those of a natural parent and such person is bound for the maintenance, care and education of the child so long as the relationship exists.”

Perhaps you need a custody order that shields you from future child support obligations.  Perhaps you have the consent of one or both of the parents.  Perhaps you want to protect your right to see the child that you consider a son or a daughter.  Only a compassionate, experienced child custody attorney can help you achieve the best outcome.

Contact an Attorney Today

Robert Clark is an experienced lawyer, with years of experience helping people in some of the most delicate and trying times in their lives.  If you are experiencing any of the issues listed above or would like to speak about other aspects of family law, contact us to setup an appointment.