Cox v. Cox

When a divorce action is instituted, jurisdiction over the custody of the children born of the marriage vests exclusively in the court before whom the divorce action is pending and becomes a concomitant part of the subject matter of the court’s jurisdiction in the divorce action. G.S. 50-13. Reece v. Reece, 231 N.C. 321, 56 S.E. 2d 641; Robbins v. Robbins, 229 N.C. 430, 50 S.E. 2d 183; Winfield v. Winfield, 228 N.C. 256, 45 S.E. 2d 259; Story v. Story, 221 N.C. 114, 19 S.E. 2d 136.

Therefore, when the plaintiff wife instituted the instant action for divorce, the court became vested in this…