State of TN ex rel Patricia Kimbrough v. Brian Hales

In 1991, the parties divorced via a Final Decree which decreed that the husband was not the father of the wife’s expected child. In 2010, the State moved toestablish the husband’s paternity and for Rule 60.02 relief. The trial court denied the State’s requests finding the 1991 paternity determination res judicata. Because we find the paternity provision void as against public policy, we find the trial court erred in dismissing the State’s Motion to Establish Paternity and its motion for Rule 60.02 relief. The case is remanded for further proceedings consistent with this opinion.