North Carolina § 7B-407 - Service of summons.

§ 7B-407. Service of summons.

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. History (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.) Editor's Note. - Session Laws 2013-129, s. 41, made the amendment to this section by Session Laws 2013-129, s. 12, applicable to actions filed or pending on or after October 1, 2013. Effect of Amendments. - Session Laws 2013-129, s. 12, effective October 1, 2013, in the second paragraph, substituted "If service by publication under G.S. 1A-1 , Rule 4(j1) is required, the cost" for "If the parent, guardian, custodian, or caretaker entitled to receive a summons cannot be found by a diligent effort, the court may authorize service of the summons and petition by publication under G.S. 1A-1 , Rule 4(j1). The cost," and deleted the third paragraph. For applicability, see editor's note. Session Laws 2017-161, s. 4, effective October 1, 2017, substituted "Rule 4" for "Rule 4(j) in the first paragraph, added "or service in a foreign country under Rule 4(j3)" in the second paragraph and made related stylistic changes. Legal Periodicals. - For comment on due process in juvenile proceedings, see 3 N.C. Cent. L.J. 255 (1972). For survey of 1977 law on domestic relations, see 56 N.C.L. Rev. 1045 (1978).