Background

• Appellant D.R. appeals a Juvenile Court paternity finding for K.R. based on genetic testing showing 100% probability he is not the biological father.
• Mother L.M. and appellant were married; dissolution occurred in 1999, and custody arrangements for K.R. changed multiple times.
• K.R. was born in 1998 during the marriage; appellant obtained custody in 2003; custody remained with him until 2009.
• Genetic testing in Oct. 2009 excluded appellant as father; subsequently the court proceeded on a petition to determine parentage.
• Trial court and a magistrate nonetheless determined appellant was the father, relying on res judicata from the dissolution proceeding and the identity of parties/issues.
• This Court affirmed, holding res judicata forecloses a later parentage action where the dissolution adjudication and identity of parties satisfy the doctrine.

Issues

Key Cases Cited

• In re Gilbraith, 32 Ohio St.3d 127 (Ohio 1987) (finality in parentage actions; res judicata applies when adjudication exists without fraud)
• Sherrill v. Harroff, 85 Ohio St.3d 339 (Ohio 1999) (reversing prior holding; finality considerations in family determinations)
• Guthrie v. Guthrie, 84 Ohio St.3d 437 (Ohio 1999) (public policy and finality in parentage cases)
• Knapp v. Knapp, 24 Ohio St.3d 141 (Ohio 1986) (finality principle in parentage and dissolution contexts)
• Strack v. Pelton, 70 Ohio St.3d 172 (Ohio 1994) (finality considerations in parentage matters)
• Johnson v. Norman, 66 Ohio St.2d 186 (Ohio 1981) (identity of parties required for res judicata in this context)
• Payne v. Cartee, 111 Ohio App.3d 580 (Ohio App.3d 1996) (identity of parties and privity required for res judicata)