Hardee v. Mitchell

The parties to this proceeding were divorced in Florida. Hence, the petitioner has been well advised in point of procedure because the pertinent statute expressly prescribes that the custody of the child “of parents who have been divorced outside of North Carolina may be determined in a special proceeding instituted by either of the parents in the superior court of the county wherein the petitioner, or the respondent, or the child” resides at the commencement of the proceeding. G.S. 50-13; Phipps v. Vannoy, 229 N.C. 629, 50 S.E. 2d 906.

Petitioner did not request the court to find the facts or…