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.
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.)
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