Dec222025
Guardianship Q&A Series

Do I need the caregiver’s address and contact information to file for guardianship or another state application? – North Carolina

Short Answer

Often, yes. In North Carolina, a minor guardianship case requires enough identifying information to allow required notice of the guardianship hearing, and the application also asks for the names and addresses of people known to have an interest in the guardianship. If the child is living with a non-parent caregiver, that person may also be someone the Clerk of Superior Court directs be served, so having a current mailing address is usually important. When an address truly cannot be found after diligent efforts, the clerk may allow other service methods under the civil rules.

Understanding the Problem

In North Carolina, when a parent has died and a minor child is staying with a non-parent caregiver, a common question is whether a guardianship filing (or a related state/court filing) can move forward without the caregiver’s mailing address and reliable contact information. The decision point is whether the case requires giving formal notice to the caregiver or naming the caregiver as an interested person so the court can reach them for service and scheduling. The practical trigger is that the Clerk of Superior Court must be able to send or arrange required notices for the hearing.

Apply the Law

North Carolina minor guardianships are typically handled as a special proceeding before the Clerk of Superior Court. The guardianship application must include key background information “to the extent known,” including the minor’s address and the names and addresses of parents (if living) and other people known to have an interest in the guardianship. After filing, the law requires service of the application and notice of hearing on certain people, and it also allows the clerk to require service on other people the clerk identifies. Service generally follows North Carolina Rule 4, which makes an accurate address important when personal service or certified/first-class mailing is needed.

Key Requirements

  • Complete the minor guardianship application “to the extent known”: The application should include the child’s identifying information and addresses for key people with a recognized interest, as far as those details are known and can be reasonably obtained.
  • Provide information needed for notice and service: North Carolina requires service of the application and hearing notice on certain parties, and the clerk can direct service on additional people. A current address usually drives whether service can be completed without delays.
  • Document efforts if contact information is unknown: When an address cannot be found despite reasonable efforts, the next step is usually showing the clerk what was done to locate the person and requesting permission for an alternative service method allowed by the civil rules.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a minor child living with a non-parent caregiver after a parent’s death and concern about the absence of a legal guardian. In a North Carolina minor guardianship filing, the application must include identifying information “to the extent known,” and the case must be set for hearing with service of the application and notice on required parties and any additional people the clerk directs. Because the caregiver currently has physical care of the child, the caregiver’s address and contact information often become practically necessary to complete service/notice and to avoid delays caused by returned mail or failed service attempts.

Process & Timing

  1. Who files: An interested adult (often a relative or other appropriate adult). Where: The Clerk of Superior Court in the county where the minor resides. What: A minor guardianship application that includes required information “to the extent known,” plus any county-required local forms. When: As soon as guardianship authority is needed; after filing, service and hearing scheduling depend on completing notice/service.
  2. Service/notice set up: The clerk sets a hearing and requires service of the application and hearing notice on legally required people (and may direct service on others). If the caregiver’s address is known, service planning is usually straightforward; if it is unknown, the filing may stall while the petitioner documents attempts to locate the caregiver and requests an alternate approach.
  3. Hearing and order: If service is complete and the clerk finds guardianship is needed, the clerk can enter an order appointing a guardian (of the person, estate, or both), and letters may issue as required by the clerk’s process.

Exceptions & Pitfalls

  • “To the extent known” is not a free pass: The application does not require perfect information, but the clerk will usually expect reasonable efforts to identify and locate key people connected to the child’s care.
  • Caregiver may be an “interested person” or a person the clerk directs be served: Even if the caregiver is not automatically a required party in every case, the clerk can require notice to additional people. Missing caregiver contact information can cause continuances and repeated service attempts.
  • Custody-type filings can require the caregiver’s address: If the “state application” is actually a custody or related court filing, North Carolina law often requires listing (if reasonably ascertainable) the names and present addresses of people who have physical custody of the child.
  • Confidentiality/safety concerns can change what gets filed publicly: In some custody-related situations, identifying information can be sealed if disclosure would jeopardize safety. That is a court-controlled process and typically requires a specific request and court findings.
  • Service problems: If the caregiver’s address is unknown, the next step is usually to document diligent search efforts and ask about alternate service options permitted by the civil rules. Skipping service steps can risk dismissal or an order that is later challenged.

Conclusion

In North Carolina, a minor guardianship filing generally needs enough information to complete required notice and service, and the application itself asks for names and addresses of parents (if living) and other interested people, to the extent known. When a child is staying with a non-parent caregiver, having the caregiver’s current mailing address is often important because the clerk may require that person be served. A practical next step is to file the minor guardianship application with the Clerk of Superior Court in the child’s county of residence and be prepared to provide (or document efforts to obtain) the caregiver’s address for service.

Talk to a Guardianship Attorney

If a minor child is living with a non-parent caregiver after a parent’s death and there is no clear legal guardian, our firm has experienced attorneys who can help explain what information is needed for filing and service and what options exist when an address is hard to locate. 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.