Family Law Playbook: North Carolina Edition · Step 9 of 11
How to Serve Custody Papers in North Carolina
The summons, Rule 4 service methods, the 60-day window, proof of service, and serving later papers
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal
Quick answer
A North Carolina custody case is served like any other civil action (G.S. 50-13.5(d)(1)). The clerk issues a summons, and the summons and complaint are usually served by the sheriff or by registered or certified mail, return receipt requested, among the methods in Rule 4(j)(1). Personal or substituted personal service must be made within 60 days after the summons is issued (Rule 4(c)), and the defendant then has 30 days to answer.
The summons
Service of process in a custody action is the same as in other civil actions (G.S. 50-13.5(d)(1)). When the complaint is filed, a summons must be issued within five days (Rule 4(a)). It is signed by the clerk and tells the defendant to appear and answer within 30 days after service (Rule 4(b)). The statewide form is the AOC-CV-100, Civil Summons (Rev. 12/23).
How to serve a parent
Rule 4(j)(1) lists the ways to serve an individual:
- Delivery of the summons and complaint to the person, or leaving copies at their dwelling or usual place of abode with a person of suitable age and discretion who lives there.
- Delivery to an agent authorized by appointment or by law to accept service.
- Registered or certified mail, return receipt requested, addressed to the party and delivered to the addressee.
- A designated delivery service authorized under 26 U.S.C. § 7502(f)(2), with a delivery receipt.
- USPS signature confirmation, addressed to the party and delivered to the addressee.
In North Carolina, the person who serves by delivery is the sheriff of the county where service is made or another person authorized by law. Outside the state, anyone who is not a party and is at least 21 may serve (Rule 4(a)). If the sheriff returns the summons unexecuted, you may have it served by anyone at least 21 who is not a party and is not related by blood or marriage to a party or to the person being served (Rule 4(h1)). The Judicial Branch notes that service is generally by the sheriff or certified mail and that a judge can make decisions in your case only after the other parent has been served. The exception is a temporary order entered before service under G.S. 50-13.5(d)(2) and (3); see the emergency relief guide.
Deadlines and extensions
- Personal or substituted personal service must be made within 60 days after the summons is issued (Rule 4(c)).
- If the defendant is not served in time, you can keep the case alive by getting an endorsement on the original summons, or by suing out an alias or pluries summons, within 90 days after issuance or the last endorsement (Rule 4(d)). If you do neither, the action is discontinued as to the unserved defendant (Rule 4(e)).
- If you cannot find the other parent with due diligence by delivery, mail, or delivery service, Rule 4(j1) allows service by publication once a week for three successive weeks in a qualified newspaper, followed by an affidavit filed with the court.
Proof of service
- A sheriff proves service by a certificate showing the place, time, and manner of service; any other server proves it by affidavit (G.S. 1-75.10(a)(1)).
- For certified or registered mail, a designated delivery service, or signature confirmation, the serving party files an affidavit stating that the papers were sent and received, with the receipt or other evidence of delivery attached (G.S. 1-75.10(a)(4) to (6) and Rule 4(j2)(2)).
- A written admission of service by the defendant is also proof (G.S. 1-75.10(a)(3)).
Track the date
Serving later papers
Motions, answers, and other papers filed after the complaint are served on each party under Rule 5. If a party has an attorney, you serve the attorney; if not, you serve the party (Rule 5(b)). When the court’s electronic system is not available for service, a party can be served by hand delivery or by mail, among other methods. When a paper is served by mail, three days are added to any response period that runs from service (Rule 6(e)). A certificate of service showing the date and method of service must accompany every paper served this way (Rule 5(b1)), and statewide motion forms such as the AOC-CV-634, Motion to Modify Custody (Rev. 4/15) include one.
Primary sources
Statutes, rules, and forms change. Check the current version at the source before you file.
Common questions
How are custody papers served in North Carolina?
Service in a custody action is the same as in other civil actions (G.S. 50-13.5(d)(1)). Under Rule 4(j)(1), an individual can be served by delivery of the summons and complaint (in North Carolina, usually by the sheriff), by leaving copies at their home with a resident of suitable age and discretion, by registered or certified mail with return receipt, by a designated delivery service, or by USPS signature confirmation. Personal or substituted personal service must be made within 60 days after the summons is issued (Rule 4(c)).
How long do I have to answer a custody complaint in North Carolina?
A defendant must serve an answer within 30 days after service of the summons and complaint (Rule 12(a)(1) of the Rules of Civil Procedure), and the statewide summons also tells you to file the original with the clerk of superior court. Allegations you do not deny are admitted (Rule 8(d)). If you want custody yourself, you can ask for it in a counterclaim, and your first pleading must include the sworn child status information required by G.S. 50A-209.
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