South Carolina Guardianship of a Minor Petition
South Carolina splits this filing by subject: Family Court handles the minor's person under a one-line jurisdictional grant with no dedicated statute or statewide petition form, while Probate Court handles only the minor's estate as a conservatorship on mandatory Form 542GC, where a temporary order expires six months from issuance and bond is required unless the court finds good cause to waive it.
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Introduction
South Carolina splits guardianship of a minor between two courts. Family Court has jurisdiction over the child's person, meaning custody and care, under a single jurisdictional grant at S.C. Code Ann. Section 63-3-530(A)(45); no dedicated statute or statewide form governs this filing, so the petition below is a working draft. Probate Court has jurisdiction only over the child's property, through a proceeding called a conservatorship rather than a guardianship, filed on the mandatory statewide Form 542GC; the court's form controls for that side. No statute provides a temporary or emergency Family Court guardianship of a minor's person. On the estate side, a temporary or emergency conservator order expires six months from issuance unless the court specifies otherwise. For the estate proceeding, notice goes to the minor, both parents whose identity and whereabouts are known or reasonably ascertainable, and anyone with custody; no statute lists who must receive notice of a Family Court person-guardianship filing. A guardian ad litem for the estate proceeding is available at the court's discretion, not automatic, and no mandatory training applies to either route. Bond is required for a conservator of the estate unless the court finds good cause to waive it; no bond applies on the person side. This does not terminate parental rights and is not adoption. For short-term authority without filing in court, a deploying parent in the military can use a power of attorney under South Carolina's deployed-parent law. Attorney review is available before you file.
Key Things to Know
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South Carolina files this in two different courts: Family Court has jurisdiction over the minor's person under a single jurisdictional grant, S.C. Code Ann. Section 63-3-530(A)(45), with no dedicated statute or statewide petition form; Probate Court has jurisdiction only over the minor's property, as a conservatorship, on the mandatory statewide Form 542GC.
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No statute provides a temporary or emergency Family Court guardianship of a minor's person. On the Probate Court estate side, a temporary or emergency conservator order expires six months from the date of issuance unless the court specifies otherwise, under Section 62-5-108.
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For the estate proceeding, notice goes to the minor, both parents whose identity and whereabouts are known or reasonably ascertainable, and any person with custody, under Section 62-5-402(C)(2). No statute lists who must be notified of a Family Court person-guardianship filing; ordinary family court summons and service practice applies instead.
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Age 14 lets a minor nominate their own conservator for the estate proceeding under Section 62-5-408(A)(2). No statute requires a minor's consent to a Family Court guardianship of the person.
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If a parent objects, no minor-guardianship-specific statute sets the standard in either court. The closest codified South Carolina standard, the de facto custodian statute, lets the Family Court grant custody to a de facto custodian if it finds by clear and convincing evidence that the parents are unfit or that other compelling circumstances exist; de facto custodian status itself requires proof the person was the child's primary caregiver and financial supporter for a prior period.
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No statewide background check or guardian training course applies to either route. A guardian ad litem for the estate proceeding is available only if the court finds the minor's interests are not adequately represented, under Section 62-5-402(F). Bond is required for a conservator of the estate unless the court finds good cause to waive it, under Section 62-5-409; no bond applies to a Family Court guardianship of the minor's person.
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This guardianship or conservatorship does not terminate a parent's parental rights and is not adoption. For short-term authority without filing in court, a deploying parent in the military can delegate custodial responsibility to an adult through a power of attorney under South Carolina's deployed-parent law.
Key decisions before you file
Before you file a Guardianship of a Minor Petition in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
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South Carolina Requirements for Guardianship of a Minor Petition
Two Courts Split the Filing
Family Court has jurisdiction over the minor's person under S.C. Code Ann. Section 63-3-530(A)(45), while Probate Court has jurisdiction only over the minor's estate, styled a conservatorship, under Section 62-5-201.
No Statewide Family Court Petition Form
No dedicated statute or statewide form governs a Family Court guardianship-of-the-person filing; the petition is a working draft to prepare for filing.
Mandatory Estate Petition Form 542GC
A Probate Court conservatorship for a minor's estate is filed on the mandatory statewide Form 542GC, Application or Petition for Appointment of Conservator for Minor, and the court's form controls.
No Temporary Person-Guardianship Statute
No statute provides a temporary or emergency Family Court guardianship of a minor's person.
Six-Month Cap on a Temporary Conservator Order
A temporary or emergency Probate Court conservator order for the minor's estate expires six months from the date of issuance unless the court specifies otherwise, under Section 62-5-108.
Age-14 Conservator Nomination Right
A minor age 14 or older may nominate their own conservator for the estate proceeding under Section 62-5-408(A)(2); no statute requires a minor's consent to a Family Court person-guardianship.
Discretionary Guardian Ad Litem for the Estate
The Probate Court may appoint a guardian ad litem for the estate proceeding only if it finds the minor's interests are not adequately represented, under Section 62-5-402(F); in Family Court, a guardian ad litem may be appointed in custody matters generally under Section 63-3-530(A)(37).
Bond Required Only for a Conservator of the Estate
Bond is required for a conservator of the minor's estate unless the court finds good cause to waive it, under Section 62-5-409; no bond applies to a Family Court guardianship of the person.
Guardianship Does Not Terminate Parental Rights
A South Carolina guardianship or conservatorship of a minor does not terminate a parent's parental rights and is not adoption.