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

Relevant Posts

Reader Comments

(Page 6 of 6) Previous 15 Comments

76. Hey all! I have to say that I really do believe Birkhead is the father. Not only has he been the ONLY one to come out in the BEGINNING, but he has been the only one to have CLAIMED the child. Why would he go through all the trouble and harrassment before all this other stuff happened if he wasn't the father. And she was the one to tell him in the beginning. I'm not sure who said it, but the idea that Howard may have given Daniel something to help him sleep ot whatever, doesn't really sound all that far fetched to me. It was accidental though. Howard has only been concerned about ANS's money the whole time he has been with her. And Howard does give off a creepy stalking vibe. I've never liked or trusted him. And why would ANS go down to the Bahamas.....maybe on the advice of her (no good) lawyer to avoid the legal issues surrounding the paternity? I really feel for the baby in this situation. I think that Larry has honorable intentions and also BECAUSE of the environment he has witnessed with ANS, I can completely understand why he would want to raise the baby himself. Yes, it seems he was fine with her lifestyle while with her, but we really don't know do we? It could be that he has always tried to get ANS clean, but I think Howard still has his control over her. And once a child is brought into the world, your life changes and with that, you should want to be clean and live a better life. That's my 2 cents anyway.

Posted at 4:31PM on Oct 4th 2006 by Karen

77. Hello Everyone! Been really busy today to comment much but thought I'd chime in on this one....

This story is worse than a badly writen soap opera. Honestly, there are more twists and turns than any writer in Hollywood could come up with. And the sad thing is, one young man is dead, a baby is already infamous due to the events surrounding her birth, there are 2 men claiming to be the baby's father, and then there's the bizaare Anna Nicole, who in herself is a soap opera. There isn't much any of us could do except speculate, and I feel bad that ANS lost her son, but I do believe there is more to this story than meets the eye. Can there actually BE more to this story???

Posted at 4:35PM on Oct 4th 2006 by IMHO

78. Chapter 25 in the Anna Nicole Smith Scandal!

There's a new shocking twist in this Anna Nicole Smith saga/scandal/baby birth/son death/saga. ET is reporting that Anna was hospitalized in order to detox from a drug addiction to Methodone in the Bahamas. This is the same drug that was found in Daniel Smith at the time of his death. The drug is mainly used to ween people on drugs like heroin. Sources say Anna's been addicted to it for nearly 3 years.

Anna has had almost 4 weeks to bury her son and hasn't. Larry Birkhead knows WAY more about this story than we could even guess at. He absolutly should do everything possible to rescue this baby.

Posted at 6:12PM on Oct 4th 2006 by Team Birkhead

79. My heart goes out to Anna. Her beloved son just passed away, and now she is being attacked by the sorry SOB, that claims to be the father! In my opinion, Birkhead needs to leave her and her daughter alone! He's in it for the money, lots of MONEY! He is pothetic! My prayers go out to Anna, and her family.

Posted at 8:16PM on Oct 4th 2006 by Jennifer

80. This bitch should be strung up by her implants. I could not believe my eyes when I saw pictures of her and Howard, her dressed in white, jumping off a boat in Nassau when they did whatever they are calling it. EXCUSE ME - IS YOUR SON STILL NOT LYING IN A MORGUE IN NASSAU.

How dare you do something like that when the one person you claimed you loved is dead and still not given a proper burial.

I just hope the father of this little baby girl is not Howard and Anna winds up loosing the baby. She is an unfit, selfish, self-centered, egotistical, bitch, who cares for no one but HERSELF. I've been saying it all along, she is going to do something really outrageous when her and Howard get around to giveing Daniel the respect he so rightfully deserves. He deserves dignity, not a 3-ring circus. And I hope her drug test comes out positive, because as sure as I am sitting here, I bet any money her and Howard were involved in Daniel's death.

The piece of sh*t of get it over and kill herself. They claimed in her hysteria she said why was it not her instead of Daniel. Well Anna, I'm sure if you take enough of all the drugs you take, maybe your wish will come true. And then I hope someone just throws your skanky ass back to the trailer park you came from.

Daniel, there are a lot of people out there who love you and care for you. I for one would love to go kick the sh*t out of your Mother for the spectacle she has made over your unfortunate passing. At least now you are at peace. You will never have to be involved with those nuts again.

Rest in Peace Dear Daniel - You Deserve It. God will take very good care of you.

Posted at 3:50AM on Oct 5th 2006 by Pom

81. Look at the photos of the ceremony on the boat, in "People". There is zero passion in the kiss between ANS and HKS. Her body language gives off the impression she is kissing a brother type figure, rather than a LOVER that she made a baby with! She didn't even bother to ham it up for the photos and make it believable. The eyelashes are fake.....the kiss is fake.....the rings are fake.....the vows are fake..... (she looks totally high when holding the baby girl)....

Enough already with the fantasy world ANS!!! Wake up! Grow up! Act like a responsible MOTHER. Face reality.....have a respectful burial for your son......have the DNA test done for your daughter..... get yourself off drugs.... put people in your life who really care about your wellbeing.....

Posted at 4:27PM on Oct 5th 2006 by Mary

82. To be truthful, I don't know, and I certainly don't intend to attack people who have opinions on one of the most interesting and sad gossip items in years.

I'm wondering if the initial investigator in this matter was so certain that a crime was committed because Daniel's personal belongs only contained Lexipro, and there was not enough in the bottle to be lethal. Obviously, Zoloft and Methadone Rx's were not found in his belongings, or Anna wouldn't be seekng to find out how he got them. Since the inquest has not been conducted (or has it?), the Bahamanian police probably have the right to drug test her as part of their investigation, and if she has nothing to hide she should be volunteering to take a drug test and DNA test to prove her qualifications to maintain custody and firmly establish the paternity of the child. The baby can also be drug tested to see if it was born an addict.

I've always liked Anna NIchole until I learned with this story that she had a grown son. I don't watch TV so didn't see the reality show. The things I like about her are that she is blatantly who she is, no matter how people wish to describe it, and rose from restaurant work to making a good living based on the assetts God and silicon gave her. The smile shots of her show someone who is a true blast to be around. I have always wanted her to win the lawsuit for the inheritance. I'd much rather see that money go to a self made woman than to family heirs who have likely lived their whole lives in incredible luxury. I have also incredibly respected her support of the lesbian and gay community.

Learning she had a grown son has kind of tempered my enthusiasm for her. I can't help but wonder how emotionally challenging it would be for a boy to grow up with a mother that sexually blatant to the whole world, followed by the two year marriage to the VERY aged billionaire. Nonetheless, it was obvious the son loved her and she loved him, and a parent and child can come to agreement on MANY things with a good discussion(s).

I'll quit babbling and give the punch iine: I think Anna should immediately submit to a DNA and drug test in the Bahamas to fully and totally dispel all doubt and allow the photographer-alleged-father to know he didn't lose a daughter.

Posted at 5:54PM on Oct 5th 2006 by Taking A Gossip Break

83. You do the math, why ask for all this attention? If she is sure that Stern is the father, she should just let the paternity go ahead and she will be left alone.

This woman craves attention and is becoming too greedy for words.
Hypothetically speaking, if Larry is the father, then why does she have the right to keep a father from having access to her biological father?

The only person who is making it difficult is Anna herself. Frankly seeing her so happy at the 'promise ceremony' and jumping into a pool all dolled up so soon after her son's death shocked me no end. If I lost my son, there would be on way in hell I would be, sticking on 'ultra thick false lashes', having a mock marriage and also selling pictures to a magazine.
Where there is smoke there is fire, and there is a lot of smoke here.

Christine

Posted at 8:36PM on Oct 5th 2006 by Christine

84. Hello to all.
I am a member of the Birkhead family. In fact my last name is also Birkhead and your negative posts are unbelievable. My family is so upset over this matter. I would first like to say to TEAM BIRKHEAD, GO BIRKHEAD GO and Wise old OWL: Thank you for defending Larry. He is a very good person and really wants to be a part of this childs life, we all do. To all others I would like to set the record straight. Here are the facts:

Larry has never used drugs. When he met Anna she was not using around him, when he found that she was using he made her quit then she would use in private or behind his back.

Larry will submit to a drug test, a polygraph and DNA test.

Larry did come forward in June as the father - please see previous articles on this website as well as others.

Larry is getting a lot of work. He always has. He photographs for USA today, severalprivate agencies, he is the exclusive photographer for the star parties at the Kentucky Derby, he works regularly for Tori Spelling and her family and many more celebreties. This is not about money.

He has requested that Anna come back to the states for a test because the country of the Bahamas is a very poor country and the legal system has been known to commit fraudulant acts for money. We want a US issued paternity test. The baby was conceived in LA and thats where the tests should be performed- that is a law.

Anna is a known drug addict, if any mother of any child was addicted to drugs the courts would take that child and give it to the other parent. The other parent would be due child support as well. Any parent would want their child safe. This has nothing to do with fame and fortune. Larry has been in the media limelight with celebrities way before he met Anna Nicole.

Any person who knew that a mother was on drugs during and post pregnancy would want the child drug tested if the mother was breast feeding and giving that baby drugs via breast milk. Methadone was found in her room during the birth of the baby.

It is so unfair for people to judge Larry for wanting that baby who he was so excited about for so many months. He did demand that Anna get off drugs when he found out she was pregnant and was by her side during detox. She continued to risk the life of ttheir newborn child. That is why he requested a drug test. WOULDNT YOU?

Finally I would like to add... this is Anna's baby. She does have the right to greive. BUT she does not have the right to take away a baby from its father under any circumstance. If she needs time to grieve, get married, party etc the childs father should be the one that would be 1st in line to help with the baby during this time. Howard Stern is and always has been very jealous over Larry and every time he takes a picture of him and that precious baby and sells it to the media he is doing it to get to Larry.

This is a very sad situation. Anna asked larry to tell his parents they were having a baby. They were to be grandparents, they were excited and for her to pull this evil act is cruel. I hope that some of you read this and change your mind about the situation. No mother should do this to a child, a father and take away this baby from his family and hers. She does not have the right to be intoxicated while caring for a baby an she certainly does not have the right to pretend that Howard is the father of that baby when she knows it is Larrys. Its not fair to anyone involved.


Thank you to all of the bloggers who have taken the time to read all of the press before making comments. Your support is appreciated by the family.

Posted at 10:18PM on Oct 5th 2006 by Birkhead family member

85. This guy is a LOSER! He has his friends posting on TMZ. Celebs read this and they know most of the world does too! This guy is an unemployed SCUMBAG and he isn't even straight. Anna was a good mother. And I would be on DRUGS to if my baby died right after my newborn came into the world. She also had a c-section. Poor girl she needs some peace. She isn't a monster and she did a lot for poor girls, do your research. She always contributed money and time without having to get a pat on the back for it. Her family is TRASH. They keep selling made up stories. Anna tried taking care of them ALL. But they stabbed her in the back so she had to distance herself. She could not have been on drugs during her pregnancy. That baby is too big and to healthy. Plus Anna looks beautiful. Drug addicts look like drug addicts especially if they been using for years. She could not have carried a baby full term at 40 years old (or nearly) if she wasn't in prime health. This loser is lying. A pregnant woman cannot fly at 9 months on a plane unless medical emergency. So I figure she was already in the bahamas long BEFORE this loser claim he was going to all her appointments. This sissy wants child support and Anna should tell him to kiss her azz and stay out of the US. Da*n the lady should know who she had sex with. She was never rumored to be a promiscuous people. Plus she didn't get preggos all these years over 21 years so she must know how to use birth control.

Posted at 12:37PM on Oct 31st 2006 by Lisa

86. I know for a fact that if a mother was using methadone(a family member had this same situation) and delivered a baby; the baby would have been detoxing in intensive care. No pictures would ever be taken of such a pitiful and sad sight. Have any of you ever seen a baby in this condition? it is not something you ever forget. Anna did have a c-section and would have been given methadone for pain after surgery. Daniel did not live with his mother for quite a while; he lived with a girlfriend he was having problems with. Has it occured to anyone that he might have developed this drug problem while living with this girl? He might have taken his moms drugs while she was sleeping. This was a girl so out of it ; she had to be taken to the bathroom. Drug addicts will take drugs from anyone; even their mothers. It is a physical and mental addiction that make you do many things you normally will never do. He's old enough to be accountable for what he ingested into his body. This was not a murder; it was an accidental overdose caused by Daniel himself, I'm sad to say.

Posted at 12:59AM on Nov 9th 2006 by lora

Previous 15 Comments