How to Get Guardianship of a Grandchild in North Carolina

You've been raising your grandchild, and now a school, doctor, or benefits office needs proof of legal authority before they'll work with you. In North Carolina, grandparents can file for minor guardianship without hiring an attorney — the forms are free from the state court system, and the process is straightforward once you know which steps to follow.

Here is the filing sequence from start to finish.

Step 1: Confirm You Qualify for Chapter 35A Guardianship

Chapter 35A minor guardianship through the Clerk of Superior Court requires that the child has no natural guardian — for example, both parents are deceased or their parental rights are absent or suspended. A parent's lack of contact alone does not establish that the child has no natural guardian. If a living parent retains parental rights and might contest, you may need a Chapter 50 custody action in District Court instead (see our guardianship vs custody comparison).

Step 2: Get the AOC-E-208 Form

Download Application for Appointment of Guardian for a Minor (AOC-E-208) from the North Carolina Judicial Branch website. This is the official statewide form — the same one used in all 100 counties. You'll fill in:

• The child's full name, date of birth, and county of residence
• Your name and relationship to the child
• Why the child has no natural guardian (death, TPR, or absence)
• Whether you're seeking guardian of the person, the estate, or both
• Names and addresses of anyone who should receive notice

Have the form notarized before filing. You'll also sign and file the acknowledgment form AOC-SP-850 (Responsibilities of Guardians in NC).

Step 3: File with the Clerk of Superior Court

Take your completed, notarized AOC-E-208 to the Clerk of Superior Court in the county where the child lives. The base filing fee is $120, plus a $30 sheriff service fee for each person served.

If you cannot afford the fee, file a Petition to Proceed as an Indigent (AOC-G-106) at the same time. You'll need to provide sworn information about your income, assets, and any public assistance you receive (Work First, SNAP, SSI). If approved, the Clerk waives the filing fee and sheriff service costs.

North Carolina's eCourts system has expanded to all 100 counties. Attorneys must e-file; self-represented litigants may use the electronic filing portals or file paper documents with the Clerk.

Step 4: Serve Notice on All Interested Parties

North Carolina law requires that every living parent, guardian, or legal custodian who is not an applicant receives formal written notice of the guardianship hearing. Service methods include:

• Sheriff service — personal delivery by the county sheriff
• Certified mail — return receipt requested, signed by the addressee
• Acceptance of service — the parent signs a notarized form acknowledging receipt

If a parent is incarcerated, service must be completed at the correctional facility. If a parent's location is unknown, you'll need to conduct a due diligent search and then petition for service by publication — a notice published once weekly for three consecutive weeks in a local newspaper.

Keep records of every service attempt. A filing service log or tracking sheet helps ensure nothing falls through the cracks.

Step 5: Attend the Hearing

The Clerk of Superior Court schedules a hearing after all interested parties have been served. At the hearing, you'll need to show:

• The child has no natural guardian
• You are a suitable person to serve as guardian
• The guardianship is in the child's best interest

Bring your filed documents, proof of service on all parties, the child's birth certificate, any death certificates for deceased parents, and evidence of your relationship with the child and your ability to provide care.

If no one contests the application, the hearing is typically brief — often just the Clerk confirming the paperwork is in order and asking a few questions.

Step 6: Take the Oath and Get Your Letters

After the Clerk signs the guardianship order, you're not quite done. You must take a qualification oath before the Clerk and, if appointed guardian of the estate, post a surety bond. Once qualified, the Clerk issues Letters of Guardianship — the official document that proves your authority to schools, doctors, insurers, and government agencies.

Order several certified copies. You'll use them repeatedly.

The Whole Process in One Place

Our North Carolina Guardianship and Custody Court Process Guide covers every step in detail — the five legal pathways, every AOC form, the fee waiver process, service of process rules (including for incarcerated or unreachable parents), hearing preparation, and what to do with your order once you have it. It includes printable worksheets for document gathering, service tracking, and hearing prep.

See more North Carolina guides →