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

61. I think BOTh Stern and Birkhead are after Anna's money. The difference is that Stern has been hovering around Anna like a vulture for much longer. I think the baby should be tested for drugs, and probably was born with all kinds of "pharmaceuticals" already in her little body. The poor girl needs to be given up for adoption to be raised by normal parents who are not drug addicts.

Posted at 10:18AM on Oct 4th 2006 by Suz

62. Anna should not be required to do anything right now. Who are you to say what kind of mother she is. Do you know her? Howard has always been a part of her and Daniels life and I'm sure is helping with the little girl. You don't have to be the biological father to be "the father" of any child. He has stepped up and been there for the entire pregnancy while this parasite has made a living off saying he's the daddy. This scum bag just wants money. He has no intentions of taking this child back to the U.S. and raising her as a single dad. If he thought she had a drug problem, why have a sexual relationship with her? Why not say anything before this? She just lost her son people. All anybody can say is that this jerk has the right to drag her through the mud. Daniel was in the hospital before he went to the Bahamas for pain in his back. Could this be where he was given methadone? I really don't think Anna's focus was on procuring drugs for her son when she just gave birth. The baby was not born drug addicted. She would be in intensive care going through withdrawl , not taking pictures with her mom and brother.

Posted at 10:22AM on Oct 4th 2006 by lora girimonte

63. Get the facts people, it's not hard you just have to read something other that the TMZ articles. Birkhead has been waiting (for 6 months) for the baby to be borne so he could get the paternity tests. Yes he was pursuing this prior to the baby's arrival.

HE WAS WAITING FOR THE CHILD TO BE BORNE. THAT'S THE REASON ANNA WENT TO THE BAHAMAS TO AVOID HAVING TO GET TESTED!

I think you all have every right to your opinions, whatever they are but at least make them with facts in hand, not speculation.

Posted at 10:56AM on Oct 4th 2006 by waitjustoneminute

64. Whether Anna is a drug addict or not, this guy better hope he is the dad. B/c if the test is done and he isn't....He's going to look REALLY STUPID for going on interviews saying he is. Anna's not a saint but this dude publicly said he was the father in like 500 interviews. Even after she said that whoever thinks they are the father may not be. It's obvious Howard K. Stern is not only a lawyer to Anna. If you saw the show and interviews, he's practically a fixture in her life daily. So the possibility of him being the father is not far off either. B/c that is a bit TOOCLOSE of a relationship between a lawyer and client. But Birkhead should have done his bid for a DNA test a bit more privately. B/c if he is not the dad, he is going to come out looking quite the fool in all of this. And with Anna anything is possible.

Posted at 10:14PM on Oct 4th 2006 by sherry

65. I just read where ANS and HKS are selling thier commitment ceremony pics to the highest bidder, just like they did the last pics of Daniel alive, and they are shopping the pics of the new baby to the highest bidder..If they can take the time for all of that, then they can take the time to determine who the babys daddy really is..I don't feel sorry for her any longer...Something is still fishy in the death of Daniel, I hope the truth comes out soon.

Posted at 11:21AM on Oct 4th 2006 by judy

66. Follow-up to my pervious post:

He also wants Anna to be tested for drugs. And he has VOLUNTEERED to be tested himself.

Now you have some more facts to digests.

Posted at 11:01AM on Oct 4th 2006 by waitjustoneminute

67. I think Wise Old Owl is one hell of a know it all. I see your posts all over this site. You ridicule every celeb. I think you are just some jealous loser who has no better time on your hands but to post here all your jealousy. Your 15 mins of fame on here is over you old owl.

Posted at 11:59AM on Oct 4th 2006 by Jean

68. For post # 46: Lisa. Maube you didn't lose weight on it. But I have friends of mine in the past who used methadone to come of herion. Not only did they lose weight. , but it did nothing to keep them from abusing other substances ,SUCH AS COCAINE. I don't mind people expressing their opinions. I don't expect everyone to agree with me. Your experience witn methadone was different. Other's who have taken this drug have expereinced weight loss. So again. Why don't you educate yourself before you RAG on me. We are all individuals and react differently to the same substance.

Either way you cut it. Anna NIcole is a drug user. There is no debating that. You also must be one of these STAR STRUCK people who look at these losers through rose colored glasses. WAKE UIP AND SMELL THE COFFEE. Stick up for someone that is at least worthy of it.

To post # 53 Inkling : You obviously haven't been informed that Birkhead not only said he would take a drug test, he has been pursuing the custody of ths child from day one. You're a stupid jerk, throwing stones at me while not even knowing what you are talking about. I come on here to blog because I enjoy it.

To think that I am envious of a drug infested whore lilke Anna is ludicrous. I pity her sorry ass. How old are you ? You come off like you're still in Elementary School. Not only are you insulting . You are uneducated as well. At least do a lttle research before you make your ridiculous accusations .

As far as me being a finsihed up wanna be entertainer or actor. That just simply isn't true. I am very succesful busness owner of a natiional chain of stores that are located through out Calif. These stores cater to celebrites and I happen to get inside information on certain personalities. Anna is one of them.

Posted at 12:09PM on Oct 4th 2006 by the wise old owl

69. I think the baby should be taken away from that horror. Maybe if her son had been taken away from her as a child, he would not have died the way he did. That woman is an ignorant, gold-digging, slut. Hardly what you'd call a fit mother. I hear she's a Scientologist. It figures.

Posted at 12:19PM on Oct 4th 2006 by The IMavin

70. OK, so Dickhead, errr, I mean Birkhead, didn't have a PROBLEM with Anna's alleged DRUG USE BEFORE the arrival of the baby, aka, when he was BOINKING her, but NOW that she doesn't want him to be the baby daddy, OH IT'S NOW AN ISSUE that Anna may or may not use DRUGS. HELLO???? Someone needs to bitch slap this dumb blonde, and I don't mean Anna Nicole. Obviously she is embarassed that this idiot, who appears even more craven for media attention than she is, could be the daddy that she would desparately ask Stern to step in for the big rescue! The NERVE this man has to ask Anna for a drug test... if the police bust her, that's one thing, but why the HELL should she or anyone else submit to a blood test??? Last I heard, Anna was an adult, and a free citizen of the U.S. I would be so pissed if I were her and that ASS publicly asked for a drug test! GO ANNA! Geez, I NEVER thought I would be on Anna Nicole's side!

Posted at 1:34PM on Oct 4th 2006 by amy

71. Anna did NOT sell the last pics of her dead son. I saw that on CNN, that was an ugly rumor and proved untrue. If you people would read or watch something other than tabloid trash, like a credible news source, you would know this was an untrue rumor. Also, shame on you people, this woman's son died, no matter how he died, or how nutty Anna is, it was obvious that she loved him and he loved his mother, you can be screwed up and still love your child, and shame on you all for being so damned vicious and judgemental. I am not an Anna fan, I think she has a LOT of issues, but this Dickhead, I mean Birkhead, is a publicity seeking ASS. If Anna still weighed 300 pounds, he wouldn't be saying he was the baby's daddy, he;s looking to get on the GRAVY train people. Count up all the money he'll get doing interviews, selling his story, any pics he may have, and all the people who will now know who he is. He's in it for personal gain, NOT the best interests of the child. As sad as it is to say this... no matter who this child's parents are, it ain't gonna be good!

Posted at 1:43PM on Oct 4th 2006 by amy

72. MARRY HOWARD K. STERN AND THEY WON'T HAVE TO TESTIFY AGAINST EACH OTHER..... LIKE WHO GAVE DANIEL METHADONEEEEEEEEEEEEE!!!!!

Posted at 2:31PM on Oct 4th 2006 by Debbie

73. Okay so, ANS is allegedly a drug user etc, if this is the case then WHY did he have a relationship with her & get her pregnant (If he is indeed the father) I mean he KNEW what type of person she allegedly is. If he was that concerned with her drug use why did he not use a CONDOM for the love of God? Wasn't he concerned about STD's & AIDS?! This is 2006 not 1956 everyone knows about the risk of STD's etc. What a fool taking his & her lives into their hands like that.

Posted at 2:50PM on Oct 4th 2006 by Mrs. Scott

74. #68 - Thank You! Thank God someone reads the FACTS of this situation before commenting.

#68 - Somebody sold the pics and ANS will receive the $$$$$. Also, it's being reported that the "commitment" cermony was staged and contractualy sold for 1mil.

Posted at 3:41PM on Oct 4th 2006 by sane person

75. HER SON DIED OF AN OVERDOES OF methadone AND SHE USES IT FREELY AS A DRUG
SHE AND HER LAWYER SUPPLIED IT OF COURSE

REALLY I AM AMAZED HOW SHE IS NOT IN JAIL OR THEY ARE NOT IN JAIL FOR GIVINF DANIEL METHADONE, AND HOW SHE WAS AND STILL POISONING HER BABY

TRULY WHERE IS JUSTICE, SHE NEEDS TO BE LOCKED UP
SHE KILLED DANIEL, AND HAS AND WILL CONTINUE TO DESTROY THAT NEW BABY

Posted at 4:26PM on Oct 4th 2006 by tell the truth

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