Dec202025
Guardianship Q&A Series

Can I still move forward with a guardianship case if the current caregiver won’t communicate with me? – North Carolina

Short Answer

Yes. In North Carolina, a guardianship for a minor is started by filing an application with the Clerk of Superior Court in the county where the child lives, and the case can move forward even if a current caregiver refuses to communicate. The key is getting proper legal notice served on required parties and providing the best available identifying and location information so service can be completed or the clerk can give further directions.

Understanding the Problem

In North Carolina, a common problem after a parent dies is that a minor child is staying with a non-parent caregiver, but no court has formally appointed a guardian. The decision point is whether an interested adult can start a guardianship case in the right county even when the current caregiver will not share contact information or cooperate. The issue usually turns on what information must be included in the guardianship application and how the required notice of the hearing gets delivered when a key person is hard to reach.

Apply the Law

North Carolina law gives the Clerk of Superior Court original jurisdiction over minor guardianship appointments. Any person may apply to have a guardian appointed for a minor, and the application must include certain information “to the extent known,” which matters when a caregiver is not communicating. After filing, the clerk sets a hearing, and the law requires service of the application and notice of hearing on required parties using the civil summons/service rules unless the clerk directs another method.

Key Requirements

  • File in the correct county: Venue for a minor guardianship is generally the county where the minor resides or is domiciled.
  • Provide required information (to the extent known): The application should list the child’s identifying information, the deceased parent’s information, other interested persons, and why a guardian is needed, even if some details (like a caregiver’s address) are not fully known.
  • Complete proper service/notice: Required parties must be legally served with the application and hearing notice under the civil procedure service rules, unless the clerk orders a different approach.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parent has died and the child is staying with a non-parent caregiver, so an “interested person” can file a minor guardianship application with the Clerk of Superior Court. Because the application only has to include information “to the extent known,” a lack of cooperation from the caregiver does not automatically stop filing, but it can make service and notice harder. The clerk will still need a workable plan for legal service on required parties, which may require additional locating steps or asking the clerk for direction if standard service is not possible.

Process & Timing

  1. Who files: Any interested adult (for example, a relative or other person with a legitimate concern for the child). Where: Clerk of Superior Court in the county where the minor resides or is domiciled in North Carolina. What: An “application” to appoint a guardian for the minor (the clerk’s office may have local forms or packet requirements). When: As soon as a guardianship is needed; North Carolina statutes focus on completing required notice before the hearing rather than a fixed “file-by” date.
  2. Service and hearing setup: After filing, the clerk schedules a hearing and issues notice. The applicant must arrange service of the application and hearing notice on required parties under Rule 4 (often through the sheriff or another permitted method), unless the clerk orders another method.
  3. Hearing and appointment: At the hearing, the clerk decides whether a guardian is needed and, if so, who should serve based on the child’s best interest. If the clerk appoints a guardian, the clerk issues the appointment paperwork and keeps ongoing authority over the case.

Exceptions & Pitfalls

  • Unknown or withheld address: If the caregiver’s mailing address is unknown, filing can still be possible, but the application should be candid about what is unknown and what steps have been taken to locate the person so service can be completed or alternative directions can be requested from the clerk.
  • “Guardianship” vs. “custody” confusion: A caregiver may have physical care of the child without being a court-appointed guardian. If there is already a custody order or prior guardianship order, it must be disclosed if known, because it can affect who must be served and what the clerk can do.
  • Service mistakes: Informal notice (texts, social media messages, or word-of-mouth) may not satisfy North Carolina’s service requirements. Improper service can lead to a continued hearing or dismissal.
  • Natural guardian issues: A guardian of the person or a general guardian is typically appointed only when the minor has no natural guardian. If another parent is living and has parental rights, that can change what type of appointment is available and who must be served.

Conclusion

In North Carolina, a non-communicative caregiver does not automatically prevent a minor guardianship case from moving forward. An interested person can file a guardianship application with the Clerk of Superior Court in the county where the child resides or is domiciled, provide required facts to the extent they are known, and complete service of the application and hearing notice on required parties under Rule 4 unless the clerk directs otherwise. Next step: file the application with the Clerk of Superior Court and promptly arrange service before the hearing date.

Talk to a Guardianship Attorney

If a child is living with a caregiver after a parent’s death and communication has broken down, our firm has experienced attorneys who can help explain the North Carolina guardianship process, identify who must receive legal notice, and work through service and timing issues. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Guardianship Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.