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Q: Can a parent represent their child pro se in SC civil court for defamation?.
I'm a parent considering taking legal action regarding a defamation lawsuit in South Carolina related to my child. Can I represent my child pro se in state civil court?
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James L. Arrasmith
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A:
In South Carolina, a parent cannot represent a minor child pro se in most civil cases, including defamation. Courts generally require that a minor be represented by a licensed attorney when pursuing or defending a lawsuit, because legal rights and procedures are complex and the court wants to ensure the child’s interests are fully protected.
You can, however, be involved in helping your child and working with an attorney to provide necessary information and support. If your child is very young, the court may allow you to make certain decisions on their behalf, but the courtroom advocacy must be done by a lawyer.
It’s important to consult with an attorney who handles civil litigation or defamation cases involving minors. They can explain how to file the claim, what evidence is needed, and how the process works to protect your child’s rights. This approach will give your child the best chance of navigating the legal system effectively.
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