How Do I Name a Guardian for My Minor Children in South Carolina?

See how a parent names a guardian for their minor children in South Carolina, what weight the court gives your choice, and your options for temporary care.

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Naming a Guardian in South Carolina

Where you name one: The guardianship petition filed with the court
What it takes to sign: A signed writing
Official form: None
Age of majority: 18

What the Court Does With Your Choice

Weight given to your nomination: One factor in the court's best-interest decision
Your child's own preference: Weighed if old enough to form a preference

Name a guardian alongside the rest of your plan, and set aside how your children's inheritance is managed until they are grown.

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Temporary Care Without Going to Court

Custodial Responsibility Agreement / Power of Attorney During Deployment (Uniform Deployed Parents Custody and Visitation Act)

Any adult · no fixed statutory time limit · no custody transfer

Who Cannot Serve as Guardian

South Carolina uses a best-interest and suitability standard rather than a fixed list of bars — the court can decline anyone it finds unsuitable to serve.

This guide summarizes state guardian-designation statutes and is not legal advice. Rules vary by state and locality. Consult a licensed attorney for guidance specific to your family's situation.

Frequently Asked Questions

In South Carolina, a parent names a guardian for a minor child in the guardianship petition filed with the court (No SC statute authorizes parental nomination of a minor-child guardian. § 62-5-201 (probate court lacks jurisdiction over a minor’s person); § 62-5-301 (testamentary nomination — incapacitated individuals only, out of scope); minor custody/guardianship = family court (Title 63; § 63-3-530).). It needs a signed writing. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (No SC statute authorizes parental nomination of a minor-child guardian. § 62-5-201 (probate court lacks jurisdiction over a minor’s person); § 62-5-301 (testamentary nomination — incapacitated individuals only, out of scope); minor custody/guardianship = family court (Title 63; § 63-3-530).).

No. In South Carolina, a guardian is named in your will or the guardianship petition, not a standalone declaration.

Yes. South Carolina allows a Custodial Responsibility Agreement / Power of Attorney During Deployment (Uniform Deployed Parents Custody and Visitation Act) (S.C. Code §§ 63-15-514, 63-15-520, 63-15-522, 63-15-550 (Title 63, Ch. 15, Art. 5)): any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

In South Carolina, the court weighs the preference of a child old enough to form one (S.C. Code § 63-15-30).

South Carolina uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (S.C. Code Title 63 (Children’s Code) — family-court best-interest standard; no enumerated minor-guardian disqualification list.)

Naming a Guardian in South Carolina

In South Carolina, the age of majority is 18. Until a child reaches it, a parent may name a guardian in the guardianship petition filed with the court.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest. A backup guardian named in the same document applies if the first choice cannot serve.

South Carolina makes the guardian nomination through a will or the guardianship petition rather than a standalone declaration. For short-term needs, South Carolina allows a Custodial Responsibility Agreement / Power of Attorney During Deployment (Uniform Deployed Parents Custody and Visitation Act), under which any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

A child's own wishes: the court weighs the preference of a child old enough to form one.

A last will is the standard place to name a guardian, and a revocable living trust sets aside how a child's inheritance is managed until they are grown.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from South Carolina statutes and official state code. How we research.

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