Putt v. Suttles
386 S.W.3d 623
Ark. Ct. App.2011Background
- Marriage in 1998; divorce and a settlement incorporating joint custody and equal expenses; August 2010 petition to modify custody based on appellant’s remarriage and alleged domestic-violence environment; counterclaim for custody to appellant and DNA testing for G.S.1; trial court denied DNA testing citing res judicata and public-policy concerns; trial court found joint custody failed and awarded custody to appellee with visitation and child support; appellate affirmation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| DNA testing denial preservation | Putt argues res judicata/public policy do not bar paternity testing | Suttles contends paternity issue was decided in divorce and barred by res judicata; public policy supports stability | Denied; res judicata/Public-policy grounds upheld, testing not ordered |
| Custody modification based on post-decree changes | Putt asserts ongoing joint custody; no material change since decree | Suttles argues post-decree evidence shows alienation and instability; modification appropriate | Affirmed; trial court’s custody change to appellee not clearly erroneous |
Key Cases Cited
- Hardy v. Hardy, 380 S.W.3d 354 (Ark. 2011) (bars relitigation of paternity under res judicata in divorce context)
- Lindsey v. Green, 369 S.W.3d 1 (Ark. 2010) (claim preclusion extends to issues that could have been litigated)
- Martin v. Pierce, 257 S.W.3d 82 (Ark. 2007) (paternity established in divorce decree; res judicata bars later challenge)
- McCormac v. McCormac, 799 S.W.2d 806 (Ark. 1990) (paternity issue barred when stated in divorce settlement)
- McGee v. McGee, 262 S.W.3d 622 (Ark. App. 2007) (res judicata applies to settlement judgments)
- Crooked Creek, III, Inc. v. City of Greenwood, 101 S.W.3d 829 (Ark. 2003) (settlement/consent judgments subject to res judicata principles)
- R.N. v. J.M., 61 S.W.3d 149 (Ark. 2001) (strong presumption of legitimacy; court allowed discretion in ordering paternity testing)
- Orantes v. Orantes, 381 S.W.3d 758 (Ark. 2011) (parental-custody standards; limits on post-decree evidence in custody cases)