In re the Custody of Melton

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.…