Short Answer

In North Carolina, you may petition the Clerk of Superior Court to be appointed guardian of a minor only when the child’s parents are unable, unwilling, or unfit to care for the child, or they consent. If there is an active custody case between the parents, the district court usually controls where the child lives, and guardianship before the clerk is not the right path. If you suspect abuse, report it immediately and seek protection through juvenile or emergency custody proceedings.

Understanding the Problem

You want to know whether you, as a sibling, can seek guardianship of a minor in North Carolina. The role you are asking about is guardian of the person (custody and care), and you would file with the Clerk of Superior Court in the county where the child resides. The key issue: there is an ongoing custody dispute between the parents, and you are worried about abuse.

Apply the Law

Under North Carolina law, a parent is the child’s natural guardian. The Clerk of Superior Court may appoint a guardian of the person for a minor only if doing so is in the child’s best interests and the parents are not able, willing, or appropriate caretakers (for example, due to unfitness, abandonment, or consent). When alleged abuse is involved, the juvenile court (through a report to social services) or the district court in a custody action usually provides the immediate protection tools. The guardianship forum is the Clerk of Superior Court in the minor’s county of residence; there is no fixed filing deadline, but abuse must be reported right away.

Key Requirements

• Standing to file: An interested person (including a sibling) may petition, but you must show why appointment is needed.
• Grounds relating to parents: The clerk generally cannot displace living parents unless they consent or are found unable, unwilling, or unfit to provide proper care.
• Best interests of the child: Any appointment must serve the child’s welfare and stability.
• Right court and case posture: If a custody case between the parents is pending, custody decisions belong to the district court; abuse/neglect concerns proceed through juvenile court after a report to social services.
• Venue and service: File in the child’s North Carolina county; both parents must receive formal service. A guardian ad litem can be appointed when needed to protect a party who cannot be served or is under a disability.
• Scope of authority: A guardian of the person has custody and care; a guardian of the estate manages money/property only and does not have custody.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 35A, Article 6 (Guardianship of Minors) – framework for appointing guardians for minors.
• North Carolina Gen. Stat. § 7B-301 (Duty to report abuse, neglect, dependency) – requires immediate reporting of suspected child abuse or neglect.
• North Carolina Gen. Stat. § 7B-101 (Juvenile definitions, including abuse) – defines abuse and related terms used in juvenile protection cases.

Analysis

Apply the Rule to the Facts: You, as a sibling, can file a guardianship petition, but because there is an ongoing custody dispute between the parents, the district court that is handling that case typically controls custody decisions. If there is abuse, you should report it immediately so juvenile court protections can be activated and the child can be placed safely, often with a relative. If you still pursue guardianship, you must file in the child’s North Carolina county and show that the parents are unable, unwilling, or unfit, and that your appointment is in the child’s best interests.

Process & Timing

1. Who files: The concerned sibling (an interested person). Where: Clerk of Superior Court in the North Carolina county where the child resides. If a Chapter 50 custody case between the parents is pending, seek relief in that district court case; do not expect the clerk to override it. What: File the Administrative Office of the Courts guardianship forms for minors (available on nccourts.gov) and a verified petition explaining why guardianship is necessary. When: File as soon as practicable; report suspected abuse immediately.
2. Serve both parents with a special proceeding summons and petition using formal service. The clerk will schedule a hearing; a guardian ad litem may be appointed if needed to protect a party or the child. Timelines vary by county.
3. At the hearing, the clerk decides whether statutory grounds and the child’s best interests support appointment. If granted, you will receive Letters of Guardianship of the Person. If money/property is involved, the clerk may require a separate estate guardianship with bond and inventories.

Exceptions & Pitfalls

• Active custody case: The clerk generally will not use guardianship to decide between two living parents while a district court custody case is pending.
• Abuse pathway: Allegations of abuse/neglect are handled through juvenile court after a report to social services; that court can enter nonsecure custody orders and may place the child with a relative.
• Nonresident petitioner: A nonresident may be appointed, but you may be asked to designate a North Carolina agent for service and show practical ability to provide day-to-day care.
• Service issues: Both parents must be properly served under civil rules. If a parent cannot be located, service by publication and appointment of a guardian ad litem can be required, which adds time.
• Wrong type of guardianship: A guardian of the estate manages money only and does not confer custody. If safety and placement are the goals, seek guardianship of the person or appropriate juvenile/custody orders.

Conclusion

In North Carolina, a sibling may petition the Clerk of Superior Court for guardianship of a minor only if the child’s parents consent or are shown to be unable, unwilling, or unfit, and appointment serves the child’s best interests. When a custody case between the parents is already pending, the district court typically controls. If abuse is suspected, report it to social services immediately so the court can ensure the child’s safety.

Talk to a Guardianship Attorney

If you’re dealing with a situation where a minor’s safety is at risk and you’re considering guardianship, our firm has experienced attorneys who can help you understand your options and timelines. 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.