In re the Custody of Melton

Supreme Court of North Carolina

In re the Custody of Melton

74 S.E.2d 926, 237 N.C. 386, 1953 N.C. LEXIS 526

CourtSupreme Court of North Carolina

DecidedMarch 18, 1953

StatusPublished

Cited by1 cases

This text of 74 S.E.2d 926 (In re the Custody of Melton) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Custody of Melton, 74 S.E.2d 926, 237 N.C. 386, 1953 N.C. LEXIS 526 (N.C. 1953).

Pincite

Opinion

EeviN, J.

We must forego a decision on the merits. Under G.S. 110-21 (3), the juvenile branch of the superior court has exclusive original jurisdiction in all cases wherein the custody of an infant under sixteen years of age is the subject of the controversy except (1) in cases between undivorced parents living in a state of separation, G.S. 17-39, or (2) where there is an action for divorce, in which a complaint has been filed, pending in this State, G.S. 50-13, or (3) where the parents have been divorced by decree of a court of a state other than North Carolina, G.S. 50-13. Phipps v. Vannoy, 229 N.C. 629, 50 S.E. 2d 906. Since this proceeding is not a contest as to custody between the parents of the child and does not come within the purview of any of the exceptions to the general rule, the judge had no jurisdiction to issue the writ of hateas corpus or to make any order thereon respecting the custody of Nellie Sue Melton. In consequence, the order of 6 September, 1952, is adjudged void, and the order of 22 November, 1952, is

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

EeviN, J.

We must forego a decision on the merits. Under G.S. 110-21 (3), the juvenile branch of the superior court has exclusive original jurisdiction in all cases wherein the custody of an infant under sixteen years of age is the subject of the controversy except (1) in cases between undivorced parents living in a state of separation, G.S. 17-39, or (2) where there is an action for divorce, in which a complaint has been filed, pending in this State, G.S. 50-13, or (3) where the parents have been divorced by decree of a court of a state other than North Carolina, G.S. 50-13. Phipps v. Vannoy, 229 N.C. 629, 50 S.E. 2d 906. Since this proceeding is not a contest as to custody between the parents of the child and does not come within the purview of any of the exceptions to the general rule, the judge had no jurisdiction to issue the writ of hateas corpus or to make any order thereon respecting the custody of Nellie Sue Melton. In consequence, the order of 6 September, 1952, is adjudged void, and the order of 22 November, 1952, is

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

74 S.E.2d 926, 237 N.C. 386, 1953 N.C. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-custody-of-melton-nc-1953.

Opinion

Related

Cite This Page — Counsel Stack