Can an adult child who is not a party to the divorce get copies of the file for related litigation? – North Carolina

Short Answer

Often, yes—at least for the parts of a North Carolina divorce court file that are not sealed or made confidential by statute or court order. In North Carolina, the clerk of superior court generally keeps civil case records open for public inspection during regular office hours, and the clerk may provide copies upon request. However, some items commonly found “in” or “related to” family cases (for example, juvenile records, mental health commitment records, or adoption records) can be confidential, and sealed portions of a file generally require a court order before a nonparty may see or copy them.

Understanding the Problem

In North Carolina family law, the key issue is whether an adult child who was not a named party in a parents’ divorce case can obtain copies of that divorce court file to use in separate, related litigation. The question usually turns on whether the divorce file is treated as an open court record maintained by the clerk of superior court, or whether all or part of the file is restricted because it was sealed or because a confidentiality rule applies. Timing can matter when the file is a “legacy” paper file that must be scanned before it can be viewed through an online portal.

Apply the Law

In North Carolina, the clerk of superior court must maintain court records. Except where the law prohibits access, those records are generally open to public inspection during regular office hours. Even when a case file is generally public, the clerk may still restrict access to specific documents that are sealed by court order or made confidential by statute. Also, “remote access” through an online portal is not the same thing as the underlying right to inspect a file at the courthouse; online availability can vary by county, system, and document type.

Key Requirements

It must be a record the clerk is allowed to disclose: If a statute makes a category of records confidential (or a judge seals part of the file), the clerk generally cannot provide copies to a nonparty without a court order.
The request must target the correct file and format: The clerk’s office typically needs the case number (or full party names and filing year) and clarity on whether the request is for inspection, paper copies, or a certified copy of specific documents (like the divorce judgment).
Portal access is administrative, not guaranteed: A file can be “public” and still not show up online right away, especially if it must be scanned or if certain document types are excluded from remote viewing.

What the Statutes Say

N.C. Gen. Stat. § 7A-109 (Clerk records; public inspection) – Requires clerks to maintain court records and, unless prohibited by law, keep them open for public inspection during regular office hours.
N.C. Gen. Stat. § 132-1 (Public records defined) – Defines public records and reflects North Carolina’s general policy favoring access unless another law provides an exception.
N.C. Gen. Stat. § 7B-2901 (Confidentiality of juvenile records) – Makes certain juvenile case records confidential and limits who may inspect them without a court order.
N.C. Gen. Stat. § 7B-3000 (Juvenile court records) – Provides that juvenile records are withheld from public inspection, subject to specific statutory exceptions and court orders.
N.C. Gen. Stat. § 122C-207 (Confidentiality of certain court records) – Provides that court records in certain mental health proceedings are confidential except as allowed by law.

Analysis

Apply the Rule to the Facts: The request described involves a legacy divorce case file maintained by the clerk in North Carolina, sought so an adult child (not a divorce party) can use it in related litigation elsewhere. Because North Carolina generally treats civil court files as open to public inspection unless restricted, a nonparty adult child can often obtain copies of the nonsealed parts of the divorce file. If the divorce file includes or references confidential categories of records (such as juvenile, adoption, or certain mental health materials) or if a judge sealed any portion, the clerk may refuse those items absent a court order.

Process & Timing

Who files: The requesting person (including an adult child or the adult child’s attorney). Where: The Office of the Clerk of Superior Court in the county where the divorce case was filed. What: A request to inspect the file and/or to obtain copies (and, if needed, certified copies) identifying the case and the specific documents needed. When: During regular office hours; scanning or “legacy file” processing often happens when staff workload allows.
Inspection versus copies: If the file is available for in-person inspection, the clerk may allow review first and then copying of selected documents. If the file must be scanned to become viewable in an online portal, staff may ask that the requestor check back later or the next business day.
If access is denied: When the clerk says a document is sealed or confidential, the typical next step is to seek access through the court that controls the record (often by filing a motion in the cause in the divorce case requesting an order permitting inspection/copies of the specific items).

Exceptions & Pitfalls

Sealed or restricted documents: A general right to inspect court files does not override a sealing order or a statute that makes a category of records confidential.
Juvenile-related records are different: If the “related litigation” involves juvenile matters, those court records are generally not open to the public and may require a specific statutory basis or a court order for access.
Portal access limits: Even when a record is public, counties may limit what can be viewed remotely or may upload files in batches; an in-person request can be faster when time matters.
Overbroad requests: Asking for a “full file” can trigger extra review time if staff must screen for confidential items; requesting specific documents (like the judgment, complaint, or consent order) can reduce delay.

Conclusion

In North Carolina, an adult child who was not a party to a parents’ divorce can often get copies of the divorce court file to the extent the documents are not sealed and not made confidential by law. The clerk of superior court generally keeps civil case records open for public inspection during office hours, but restricted categories (including many juvenile records and any sealed portions) usually require a court order. A practical next step is to request specific documents from the clerk of superior court and, if access is denied, file a motion in the cause seeking an order for the particular items needed.

Talk to a Family Law Attorney

If an adult child needs a parents’ divorce file for related litigation and the clerk’s office is delaying scanning or restricting access to certain documents, an attorney can help identify what is public, what is confidential, and what requires a court order. 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.