NC General Statutes

N.C. Gen. Stat. § 7B-407 (2026)

Service of summons

✓ laws through the 2026 session (checked Oct. 2026)
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The summons shall be served under G.S. 1A-1, Rule 4, upon the parent, guardian, custodian, or caretaker, not less than five days prior to the date of the scheduled hearing. The time for service may be waived in the discretion of the court.

If service by publication under G.S. 1A-1, Rule 4(j1), or service in a foreign country under Rule 4(j3), is required, the cost of the service by publication shall be advanced by the petitioner and may be charged as court costs as the court may direct. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2003-304, s. 1; 2013-129, s. 12; 2017-161, s. 4.)

 

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2002–2022 · leading case: In re Shaw, 566 S.E.2d 744 (N.C. Ct. App. 2002).
In re Shaw, 566 S.E.2d 744 (N.C. Ct. App. 2002). · cites it 8× “Although a summons was issued in respondent's name, the trial court found that his "whereabouts [were] unknown" and, pursuant to N.C. Gen.Stat. § 7B-407 (2001), directed service be had on him "through publication.”
In re Poole, 568 S.E.2d 200 (N.C. Ct. App. 2002). · cites it 4× “Service of the summons shall be completed as provided in G.S. 7B-407.... N.C. Gen.Stat. § 7B-406(a) (2001).”
In re A.R., 742 S.E.2d 629 (N.C. Ct. App. 2013). “served with a copy of the summons pursuant to G.S. 7B-407 to do any of the following: (3) Take appropriate steps to remedy conditions in the home that led to or contributed to the juvenile’s adjudication or to the court’s decision to remove custody of the juvenile from the…”
In re J.C., 872 S.E.2d 618 (N.C. Ct. App. 2022). “Accordingly, there was sufficient evidence for the trial court to conclude that a substance abuse assessment and drug screenings “could aid in both understanding and resolving the possible underlying causes of” domestic violence in the home.”
In re J.C., 872 S.E.2d 618 (N.C. Ct. App. 2022). “Accordingly, there was sufficient evidence for the trial court to conclude that a substance abuse assessment and drug screenings “could aid in both understanding and resolving the possible underlying causes of” domestic violence in the home.”
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