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Birkhead Asks Judge for Paternity and Drug Tests

10/3/2006 4:48 PM PDT BY TMZ STAFF

TMZ has learned the man who claims to be the father of Anna Nicole Smith's daughter is sending his lawyer to court tomorrow, to ask a judge for an immediate order requiring Anna Nicole to come back to California STAT with her baby.

Deborah Opri, the attorney for Larry Birkhead, will go to Los Angeles Superior Court Wednesday at 8:30AM ex parte -- which means without the other side present -- and ask the judge to order Anna Nicole to return to California for a paternity test. Opri will also ask that Anna Nicole submit to drug testing, thus setting up the potential for a bitter custody fight.

Birkhead has already filed legal papers which ask for a paternity hearing, but tomorrow's court appearance kicks everything up a notch. In essence, Opri will argue that a paternity test is an emergency and that waiting will cause Birkhead irreparable harm.

Howard K. Stern, Smith's lawyer, has announced that he's the daddy. Birkhead begs to disagree. It is unclear if a California judge has legal authority to order Smith, who is in the Bahamas, to return to the U.S. for paternity and drug testing.

86 COMMENTS

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1.

Eli    

Wow how sad is it when you dont know whos your baby daddy?

2950 days ago
2.

Damian    

Anna Nicole has nothing bad times ahead. (as well as those behind her)
I would be surprised if she makes it through all this without an attempt at suicide. She seems that unstable.

2950 days ago
3.

Giselle    

I hope Birkhead's the father. Anna's making way too much money off in Bahamas. First, selling the photos to In Touch Weekly. Second, selling her "fake" wedding photos to People. Can't forget that she already inherited millions.

2950 days ago
4.

Milly    

They should do a DNA test to see if he is the father. Then they can take it from there. Again, I feel so bad for the this child. Not even a month old and all this crap is going on. Anna Nicole should have thought this out more. Did she think Larry was going to sit around and do nothing.

2950 days ago
5.

sherri    

How bad is it that he has to do this to her while she is grieving the death of her son and celebrating the birth of her daughter. and this bone head who doesnt care at all, didnt want to be with her the following 9months now wants to act like a bigger prick and do this to a Anna?

I mean shes no saint but this is just purely vicious.

2950 days ago
6.

DW    

The profits from the photos that Anna Nicole Smith sold is going into a foundation named after her deceased son. She did not have a "fake" wedding she had a commitment ceremony. She has not inherited anything yet. That is still in litigation. I would think before people comment on ours lives they should have the facts straight.

2950 days ago
7.

Katy    

Obviously, Anna Nicole is trying to keep Birkhead away because she knows he is the father and realizes she made a big mistake. Well, now Daddy Birkhead is super pissed & wants to see his kid. Of course Stern is going to come to Anna Nicole's rescue & say he is the daddy. I hope they do a paternity test asap & just get it over with. It is wrong to keep a father away from his child, & it is also wrong to lead someone to believe that a child is theirs & then dangle it out there & claim something else. Kids have a way of growing up & finding out the truth. If Anna Nicole doesn't want her child to eventually be ashamed of having her as a mother, she better come clean with a paternity test, real quick! Of course Daniel's death has to be clouding everything right now, but this will have to be dealt with....

2950 days ago
8.

Waaah!    

Those who think that the father doesn't have any immediate rights to his baby are full of s***. If Anna is so sure that Howard is the father, then what harm does it do to submit to DNA testing? Larry is doing NOTHING wrong by wanting contact with his daughter, if he turns out to be the father. Those who complain that he should wait until Anna is out of her "grieving period" are probably the same ones who would crucify a man who didn't have contact with his children. You can't have it both ways!

2950 days ago
9.

They about to get paid!!!!!!!!!!!!!!!!!!!!!!!!!    

I think anna has two baby daddy,maybe more,I think the baby looks like bobby brown,lets hope not,but any thing is posible,but I heard she had a one night stand with mike tyson,k-thug,dr phil and last but not least kid rock,and he also got it in her butt,we will have to see what pam has to say about that,Thats a true story,its also posable that a bottle of vodka might be the daddy

2950 days ago
10.

tootsie    

I would think before people comment on ours lives they should have the facts straight.

Posted at 4:10PM on Oct 3rd 2006 by DW

"ours" lives???? Howard is that you?

2950 days ago
11.

Jay    

Whether he's the dad or not I can't wait for the drama of Anna Nicole taking a drug test.

2950 days ago
12.

They about to get paid!!!!!!!!!!!!!!!!!!!!!!!!!    

We do have our facts straight,We know paris is a hoe,and you dont say anything about that,Its true

2950 days ago
13.

muybonita    

I think we may finally have a winner! Anna and Howard are just one (or two, give or take) degrees freakier than Tom and Katie. Congratulations!! I never thought anyone would take their coveted spot!

2950 days ago
14.

pedestrain818    

Who needs a daddy? Obvisiouly this guy is after the billions she is worth...Why else would he want DNA and Drug Test. So he can take the baby away from her and Anna pay child Support! That guy is a sleaze bag....He is one crafty SOB!

2950 days ago
15.

pedestrain818    

This is reality Show down reminds me of DALLAS...when Cliff Barnes files a paternity suit against Sue Ellen and JR...season 2!

2950 days ago
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