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Anna Nicole's Custody Battle -- Anna Challenged

10/4/2006 1:51 PM PDT BY TMZ STAFF

Larry Birkhead: Click to watchThe man who claims to be the father of Anna Nicole Smith's baby girl was put off by a judge today, as his lawyer challenged the celebrity mom to settle the custody dispute by submitting to a paternity test.

Larry Birkhead, along with his lawyer Debra Opri, appeared in Los Angeles County Superior Court Wednesday and asked a judge to order Anna Nicole to return from the Bahamas and submit to a paternity test. The judge continued the hearing until October 26. TMZ is told Opri also wants the judge to order Anna Nicole to submit to a drug test.

Opri addressed Anna directly in her press conference after the hearing: "Anna, I am talking to you directly now and I want you to listen to me and I want you to hear what I have to tell you. If you are so certain that Larry Birkhead is not the father, then you have nothing, absolutely nothing to lose by submitting to this jurisdiction and allowing a paternity test."

Howard K. Stern, Anna Nicole's lawyer, claims he's the dad. Birkhead has scoffed at Stern's assertion.

107 COMMENTS

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1.

Taylor    

I am by no means an Anna Nicole fan. She's trash. But I don't blame her for not coming back to LA. That lawyer seems like a real bitch trying to order her around. I used to sympathize with the photographer thinking he just wanted to know for sure about the baby, but now given that display I think he's just in this for his 15 minutes.

2948 days ago
2.

Jennifer Scott    

I think she should just do the test. If Howard is the baby's father great if not at least it would end all of the speculation on paternity. I'm not sure how to take this Larry guy, I can't decide if he if trying to step up & be respectable or if he's out for a buck...

2948 days ago
3.

Monique    

I think they all should just go on the Maury Povich show!!! Then he can say his famous line, "You are NOT the baby's father"!

2948 days ago
4.

Celia    

I think they should just leave Anna alone. I mean the baby was just born a month ago. She is also dealing with the loss of her son, what else are they going to put her through? I think there should be a test but it can be done in time.

2948 days ago
5.

Curious    

For godsake it's Anna's baby. Why do people want to cause her this kind of grief. I too am not an Anna Nicole fan but leave her alone already. Stop trying to get famous from something so awful as trying to take a woman's baby.

2948 days ago
6.

A MY SPACE FRIEND    

He said on the news last night that Anna has been strung out on Methadone for about 3 years now. Seems if he really cared about the baby he would have done something about it during her pregnancy. Fine time to fight Larry when you may end up with custody of a baby with mental/health problems. Smooth move Exlax.

2948 days ago
7.

the wise old owl    

It is in the

2948 days ago
8.

kathleen    

Go baby daddy, go!! Take your baby AWAy from this drugged-out whore!

2948 days ago
9.

Ellie    

Let me tell ya'll, I am a BIG fan of Anna's, I really loved her show on E! She is very down to earth and not full of herself like other celebs are. But having said that, I feel sorry for Larry B. He just wants to know the truth. If I were a father, or wasn't sure if I were the father, I would be doing exactly what he is doing. He's focred to because she won't let him see the baby she told him was his.

Is that so bad?

2948 days ago
10.

I Am The Real Bella    

When will these CIRCUS end? First the baby, then loosing her 1st baby, then the ex BF announcing on TV he the daddy father, then Stern announcing he the daddy on TV. My GAWD...and that's just the tip of the iceburg. Never been a fan of Anna's either but I am questioning why she selling photos of her last hours with her son and now selling photos of her wedding and supposedly getting 6 figure digits for the pics. I have felt for her and her grief over Daniel's death. But if this woman is really grieving why all the pics to the media? And why not take the damn paternity test and get this CLUSTER F _ _K over with?

2948 days ago
11.

the wise old owl    

It is in the BEST INTEREST of the child to find out who the biological father is. What is so hard for people to comprehend about that ? If I was the Mom I would want to know too. It is very apparent that Anna is trying to hide something.

The father has just as much rights to caring for the baby as the mother. Especially under these circumstances. Why would anyone want to speculate who the father is when a simple paternity test will prove it 100 %.

Just because Anna is a drug user doesn't mean Brikhead is. If he is demanding a drug test he must have knowledge of her prior drug use. It's pretty evident that he is willing to under go drug testing himself or he wouldn't be making these demands. He is concerned and wants to have some say in the baby's enviroment and how she is raised. I commend him for. that. Most guys want to run and take no responsibilities. Anna has 2 guys wanting to be the father.SHe should feel fortunate.

If he is not the father. He will move on. If he is, than all the more power to him. Most woman wish they had a man who wants to love and nurture thier child.
Why would she want to deprieve him of that. Her actions show that she finds him a threat of some sort. Why ? Because she knows that he could possibly be the Father ...............Dahhhh.

He shouldn't have to wait to find out and she shouldn't make him. ( by the way, you can't make someone get off drugs if they don't want to do it themselves. I am sure the guy tried and failed and now he has no other recourse but to appeal to the courts to make the drug testing mandatory )

The ridiculious senario that he is doing it for the $$ is insane. He is a professional journal photographer. He doesn't need her money. HOWARD K. STERN on the other hand DOES. Just do the damn test.. What's the big deal.

2948 days ago
12.

Nikki    

I cannot believe that so soon after the death of her son they are going after her like this, and so publicly no less. Granted, he wants to be with his daughter he says, if that's the case, but Anna just lost her only son and Larry Birkhead and his lawyer are attacking her and hounding her in the media too! She got the court papers they sent her! They didn't need to go bring their little podium and microphones out for some airtime on MSNBC and CNN etc. Obviously this paternity test will take place but give the woman some time here to adjust to her son being gone so tragically!

2948 days ago
13.

Yvonne    

Don't be so hard on Larry Birkhead. I am SURE he knows what went on behind closed doors when he was dating Anna. I am sure he knows if there was drug use by both Anna and her son. Daniel alledgely was hospitalized for stomach pains and had also lost a lot of weight. Could that be a possibilty that he (at that time) was in for detox. and later had some withdrawls symptoms when he was at his mother's bedside? Could someone have given him methadone to alliviate this and then caused this fatal drug interaction? Larry is only concerened about the (his?) baby's health. What is there for him to gain otherwise? Nothing, as far as I am concerned.

2948 days ago
14.

the wise old owl    

Gee Whiz...... These comments about giving the woman time to grieve just don't go with the territory here. Anna is out on a boat with pasties on performing a mock ceremony so she can sell the pictures to PEOPLE MAGAZINE for a Million dollars. Do you call that grieving ? I call that an act of a greedy, sleezy oportunist who will stop at nothing to gain attention and make a profit for herself. Daniel may have passed on , but he is in a far better place. AWAY FROM HER.

Grieving my ass. She is so numb and so high on all the different prescription drugs she takes that she most likely feels nothing at this point. I have no respect for her at all. I feel great sorrow and empathy for her son Daniel and now those feelings have been channeled to her daughter. That little girl deserves the opportunity to be nurtured and cared for by a STABLE parent. I really hope that Birkhead is the father. Anything is better than Howard and Anna.

2948 days ago
15.

Kelly    

EXACTLY wise old owl!! She isn't GRIEVING -- she's so friggin doped up she can't possibly have any real feelings. Drinking Dom bottle after bottle. Then selling the pictures. She's greasy white trash trailer park trash from the beginning to end. PERIOD. Can't change those types.

2948 days ago
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