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

46. The Wise old owl is not so wise afterall, well, at least when it comes to methodone. I have been on methodone for years and I have not lost a pound even though I havent gained any and eat healthy. I know several people who are on it also through my support group and they have not lost weight either. Matter of fact, it causes more people to gain weight. Also, it does not give a person any type of euphoria at all. It is not a recreational drug. It works ok for pain control and it controls the urges to consume other illegal substances. So...for the record..methodone is not causing Anna's issues and is not her drug of choice I am sure. Daniel was probably on it for some type of addiction or could be pain control. So..know something about the drug before commenting because it does not sound very wise.

Posted at 11:46PM on Oct 3rd 2006 by Lisa

47. Sh*t, if there was a demand I would sell funeral/wedding/colon cleansing pics... everything becomes public eventually anyhow, might as well take control of the situation..

Now she definitely could have been smarter about how she handled it. But why would Anna Nicole Smith, a woman whose reputation has been -100 on a scale from 1-5 for at least 10 years now, give a damn what people are saying about her? And if she does give a damn, the money is a nice distraction/way to distance herself from the stone throwers.

She hit rock bottom ages ago... now she's just living horizontally.

Posted at 12:04AM on Oct 4th 2006 by seriously

48. The Funeral Pics are Next!

Posted at 12:15AM on Oct 4th 2006 by jerimiah was a bullfrog

49. Some people think Larry Birkhead is a jerk for demanding to know if he's the father right now. Some people think he should "wait a few months". WTH is that all about? IF he IS the babys father he has every right to know IMMEDIATELY..even with Daniels death such a short time agoo.. If Anna has time to play wedding and SELL OUT HER SON, then she has time to have her mouth swabbed.

At first I felt horrible for her and now I'm just sickened by what shes done. Her and that sleezy lawyerwannabe howie stern. All howie is doing is waiting to cash in on his big pay day.

I hope the judge orders the Marshall family to give Anna twenty five dollar bills. She and howie can share it. lol

Posted at 12:58AM on Oct 4th 2006 by thebugger

50. Ya know, I don't know about you all, but this just makes me sick. anyone who has lost a child suddenly should understand what Anna is going through. OK have you day in court, have your tests done... but can't ya wait a little bit and let this woman bury her son, for heavens sake!!! what kind of heartless scum is this putz to do this now!!! Lord knows she isn't mother Teresa, but holy cow folks! people need to leave her alone, let her grieve, give her time, and let her try to get on with her life, then do what ever it is that needs to be done! this d@#$head, OH I mean Burkhead fella should be ashamed of himself... I haven't heard of him helping her through her pregnancy and all the sudden he is father of the year???!!! give me a break!!!

Posted at 5:40PM on Oct 4th 2006 by Yvonne

51. I'm sure most of the females posting here get pg so some man can
support them with child support...They don't get that's what this is
all about...To close to home ladies!!!!

Posted at 11:04AM on Oct 4th 2006 by Deb

52. she knows exactly who the daddy is but ........she does not want the daddy in the babys life so what beeter ste up than to say that the lawyer is the daddy thinking that nobody will ?? that . well people are not stupid . he knows he was told he was the daddy now the laywer is saying he is . he knows what he is doing and thats why they are staying where they are because by law they prolly cant make them come home for testing. she is going through a very sad time in her life but if he is the dad he has the right to know . good luck to both but hey .......people are not stupid !!! well some are to think that we dont know what you are trying to do . she thinks if she sayd he laywer is the daddy it will all go away .....thATS NOT GOING TO HAPPEN

Posted at 1:47PM on Oct 4th 2006 by cyndi

53. lol #49 that's all they deserve freaks

Posted at 2:00AM on Oct 4th 2006 by sam the man

54. It is so obvious that Birkhead is praying that he is the baby's father so he can file for custody and get big bucks from Anna Nicole in child support. Gee, I wonder if he would be so concerned if that was his kid if she had no money at all...
I hope that the US court has no jurisdiction over the Bahamas, and that they can't force Anna Nicole to return to the US. The baby was born in the Bahamas, she isn't a US citizen. (Smart move on your part, Anna...).
Birkhead is an extortionist. He is trying to make himself famous off of sleeping with Anna Nicole, (which was probably his goal from the beginning...).

Posted at 6:25AM on Oct 4th 2006 by Inkling

55. Birkhead...aka Dickhead...has no rights. He was just a sperm donor that had some fun donating...

Posted at 6:24AM on Oct 4th 2006 by Inkling

56. TO WISE OLD OWL...I'm not disputing that Anna has issues, but Birkhead supposedly had sex with her...what does that say about him??? It takes one to know one. Obviously, Birkhead is a big druggie too, if Anna is. Maybe you are a big druggie also, since you seem to know so much. You all must hang with the same crowd. I'm not defending her, but am questioning YOUR integrity. If you don't want to be scrutinized...then don't put yourself out there.

Posted at 6:40AM on Oct 4th 2006 by Inkling

57. I think Wise Old Owl is just jealous because he hasn't been successful at being a celeb transvestite since Anna Nicole lost weight. What a shame that he lost his career... I guess he is trying to recoup by slammin' celebs now and pretending he knows them. Whaaaa...WHAT A JOKE!

Posted at 7:33AM on Oct 4th 2006 by Inkling

58. Even if he is the dad (the photographer) his timing is just plain unfeeling and rude. It hasn't even been a month since Daniel died and his body is still at the funeral home. If he thinks he really is the father he should have given more time and not been so public about it.
It was not until Howard KStern was on Larry King show and mentioned why didn't he do it legal and not entertainment shows to announce it that he decided to get a lawyer. It does seem the guy is looking for his five minutes of fame.
As it is well known Anna has had some dependency problems over the years but to be trying to take full custody if he is the father is just holding the gun to her head and pulling the trigger. Evidently this guy never cared about her but only her fame.
Another sad chapter in her life.

You are right #5...thank you for putting in the facts.

Posted at 7:07AM on Oct 4th 2006 by OriginalKat

59. This Birkhead guy is just looking for his 15 minutes of fame at the expense of everyone involved. Anna Nicole made the mistake of her life when she hooked up with him. Maybe Howard is stepping up just to stop all this hoopla, but I bet Birkhead will lose interest in this baby as soon as this all dies down and he sees there is no money in it for him. Why wasn't he trying to be a "daddy" before all of this stuff came up. He just saw a way to infuse himself into this whole drama so he can get something out of it. Was he there at any of the doctors appointments?
Why wasn't he flying to the bahamas to make sure that he was the one to sign the birth certificate? he is only looking for himself and $$$ to sell his stories and if Anna offers him enough $$$, he would probably disappear. Do not think his interest is solely the care of the new baby.

Posted at 8:18AM on Oct 4th 2006 by Lisa

60. We all must remember that her son has not even had a proper burial. Anna is just pathetic. It is a good idea for her to be drugged tested because she has a newborn that requires a sound mind-which she does not have. If this other guy thinks he is the father then he has every right to request a DNA. If Anna doesn't have anything to hide in regards to her baby she should just fly to Ca. and take the test.

Posted at 9:51AM on Oct 4th 2006 by jackie

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