Celebrity Justice
Birkhead Asks Judge for Paternity and Drug Tests

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.



Tags: Anna Nicole Smith, AnnaNicoleSmith, Larry Birkhead, LarryBirkhead

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(Page 2 of 6) Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | Most Recent | Next 15 Comments

16. Pretty sad #7 when you have to comment on spelling. So sorry.
I meant to "type" others. Is that better?

Posted at 4:54PM on Oct 3rd 2006 by DW

17. What a dumb ass. He wasn't commenting on spelling. He was commenting on the fact that you said "our" lives. He just quoted you with the misspelling. You said our like it was you involved...that's what he was pointing out.

Posted at 5:04PM on Oct 3rd 2006 by Missy

18. My goodness Missy. Do you have major road rage as well as blog rage?

Posted at 5:10PM on Oct 3rd 2006 by DW

19. Oh...you meant to type others. WOW. OK...well, perhaps he should have commented because I thought you meant ours or our also. I wouldn't get mad at him for pointing that out...it totally changes the context and I never got that it was supposed to be others. I take my dumb ass comment back, but still...that spelling error changed the whole idea of the message. Whatcha getting mad at that for?

Posted at 5:11PM on Oct 3rd 2006 by Missy

20. Now, now, girls (#'s 7, 16, 17)... quit crying.

When you really get down to thinking about it, must we all make fun of one another.

Get out and vote..

Posted at 5:21PM on Oct 3rd 2006 by The Truth

21. The plot thickens!! Who needs DESPERATE HOUSEWIVES or any of that nighttime TV drama...Anna Nicole Smith's life is WAY more interesting!

Posted at 5:25PM on Oct 3rd 2006 by kat

22. I THINK THIS LARRY BIRKHEAD GUY IS TRASH. ANNA IS STILL GREIVING FROM THE LOSS OF HER SON, THIS SEEMS LIKE PURE PUBLICITY.

Posted at 6:57PM on Oct 3rd 2006 by aSHLEY

23. What an incredible tragedy this story is!

I keep thinking that Anna Nicole's team has made a settlement with her dead husband Marshall's family and Birkhead is after the money..... What if Anna or Stern gave Daniel the meth? If Birkhead really thought he is the father, I don't think he'd be going this public route.

Posted at 6:57PM on Oct 3rd 2006 by Virginia

24. I agree with comment 14.

Posted at 7:20PM on Oct 3rd 2006 by Angela Smitherman

25. I also agree with comment 23.

Posted at 7:24PM on Oct 3rd 2006 by Angela Smitherman

26. JUST LIKE A THOUGHT : This is for all the posters who gave me sh*t when I only spoke the truth. I will say it again , so listen.................................................

Anna did not lose weight by taking Trim Spa. She lost the weight by taking METHA DONE. The same drug that was in Daniel's blood when he died. She has been on and off that drug for years. One of the side effects is loss of appitite and not being able to speak proproperly. ( which has happened to her many times during public appearances ) Just go back and take a look.

Anna went to the Bahama's so her baby wouldn't be drug tested. That baby was born addicted to methadone. I'm sure Anna took it during her entire pregnancy and the baby needed it as soon as she was born ( she's probably being weaned off it now sucking Anna's drug infested milk ) THe poor little thing.

Brikhead was told he was the father by Anna and than she changed her tune and ran to the Bahama's to escape the possibility of the detection of any drugs in her childs system.

Now Brikhead want to protect what he believes is HIS baby. If anyone is a MEDIA WHORE IT IS ANNA.. Howard Stern will do anything to protect his CASH COW. He works exclusively for Anna and has enabled her drug use all these years. He is not the father. He is a Liar. I don't believe a word he says. He has an agenda.

You don't hire a lawyer and make these kind of charges unless you have some personal knowledge this was going on. If you think back on her odd behavior it all adds up. SHE SOLD THOSE BOGUS WEDDING PICTURES FOR ONE MILLION DOLLARS to People Magazine. Please....That was no marraige. That was greed motiavated. WAKE UP MORONS. Look at the big picture. It is right in front of your faces.

I really do hope that Brikhead is the father and takes that baby far far away.
Anything is better then those drug addicts she has now. Anna was in control of her destiny and she f***ed it up . Big time.

Posted at 7:33PM on Oct 3rd 2006 by the wise old owl

27. "It has all the features of a salacious Hollywood biopic: a famously endowed pin-up queen weds an elderly multimillionaire and spends years fighting his family for a portion of his estate, loses her beloved son mysteriously just days after giving birth to a new baby, then exchanges non-legal vows with her longtime lawyer and alleged father of the infant girl while still in mourning.

If that isn't enough drama, now allegations of drug addiction have been thrown into the mix - not surprising given some of Smith's more infamous public appearances over the past few years.

Photojournalist Larry Birkhead, an ex-boyfriend of Smith's who claims he fathered the newborn Dannie Lynn Hope, has filed suit in a Los Angeles court demanding Smith return to the United States and submit the baby to a paternity test.

Smith was served with court papers Monday in the Bahamas, Birkhead's lawyer, Debra Opri, told The Associated Press.

The lawsuit contains allegations, untested in a court of law, that Smith is a methadone addict and that her lawyer and boyfriend, Howard K. Stern, has been enabling her habit.

Methadone was one of three drugs in the bloodstream of Smith's late son, Daniel, 20, who died of a heart attack in his mother's Bahamian hospital room on Sept. 10, three days after Dannie Lynn's birth. Three people were reportedly in the room when he died: Smith, her baby, and Stern."

Ooops. GOTCHA!

Posted at 7:44PM on Oct 3rd 2006 by moving right along

28. "Cyril Wecht, the forensic pathologist who did the private autopsy on Daniel Smith, said Tuesday that his toxicology tests also detected trace amounts of a third antidepressant, Amitryptiline. But he said that did not affect his conclusion that Daniel died accidentally from the interaction of methadone, Zoloft and Lexapro in his system. Smith had a prescription for Lexapro; his mother and her attorneys were trying to determine how he obtained the other drugs."

Any doubts now?

Posted at 7:47PM on Oct 3rd 2006 by moving right along

29. I most CERTAINLY have to comment behind Wise Old Owl everytime...only because this Blogger seems to have the "scoop" on nearly every story TMZ writes. Again, "Wise Old Owl", you do NOT know Anna, Daniel, Howard OR the baby. Nor do you know WHAT prescriptions were written to Daniel OR Anna for that matter. You do NOT know whether Anna has had or has a drug problem, or for that matter, YOU DON'T KNOW SH*T ABOUT ANYTHING. All you do is spread vicious GOSSIP and hatred to people you don't know anything about. You should be so ashamed of yourself and any other blogger out there that stands by her on it.

Posted at 7:52PM on Oct 3rd 2006 by Laughing at all of YOU

30. I like what you say Wise Old Owl!

Posted at 7:50PM on Oct 3rd 2006 by cheaters

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