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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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16.

Sherron    

Let Anna alone, give her a chance to mourn her loving son and cuddle her new daughter. She has been through enough in her llife time. After all her own personal life did not start off too good, she then made a life for her self and then married a very wealthy man who loved her very much, then she had to go throught the mess with his son suing her for what she rightly deserved,who has now died and now being persuded by a money grabbing man who's only interest in her was her money inthe beginning or he would have never ever allow her to use drugs as he has suggested she did during her pregnancy. What kind of father figure is he? He sees those dollar signs floating away so he gets this bimbo lawyer who is probably working on a contingency basis for her fee.

Leave Anna and her new Baby ALONE

2850 days ago
17.

Ellie    

I agree completely 100% with Wise Owl. You're right, the guy has a right to know if he is indeed the father! Why are people saying leave her alone?? Hello?? Two people made the baby, not one!

2850 days ago
18.

Lisa D    

idiots,,there gonna take pictures of her, were ever she goes from now on whether she agrees to have them printed or not,,so she might as well make some money while these idiots follow her around day after day after day,,,,she has a daughter that will need to be raised, with college etc. I'm sure she doesn't have alot of money now, all in paper in the courts,,,,,she has to think of now and having a child is not cheap,,,the pictures will always be taken with or without her conscent,,,might as well give them what they want and she can invest for the future,,,,,,everyone is so quick to judge,,shes human and needs a break, so ppl lighten up,,think of all the embarrasssing things we have done in our own lives????We just do not make the cover of the STARanyway,, she lives her life and enjoys herself to the max...i'm sure now will be a wak-up call for her,, and we won't see much of her on the cover anymore...I wish Anna well, and feel for her tragic loss,,hang tuff and the money these ppl want to pay her why not....there still gonna snap away anyway...hiding in her bushes,,hounding her always,,,we us normal folk i'm sure would find all this bothersome....might as well take it,,,before they take us..

2850 days ago
19.

BlueEyesKenai    

Anna should not be told she has to come back to the states. Apparently, she went down there to start a new life. She's made a home down there and if her ex really wants to find out if he is the dad...he needs to go down there and pursue this. If you like Anna or not, she needs this time to grieve for her son. And the whole drug test thingy...if Anna is taking something to help her because of her son's death, I really hope her ex doesn't use that against her. Which exactly what I'm thinking he'll do. He'll try to say she's all drugged up and can not function to take the little girl away. Wether or not if he's the dad, SCREW HIM!!! The poor woman has JUST LOST HER SON!!!!

2850 days ago
20.

Ellie    

Larry is kind of cute too. I wonder why Anna dumped him? He is way better looking than Howard --puke--Stern. What an ugly guy!

Anyway, Larry, we support you here!! Go for it!

2850 days ago
21.

John    

I am a big fan of Anna, I know at times she may seem a little weird but thats who she is!! How unproffesional of this exboyfriend's lawyer to say what she did into the camera's!! For God sake Anna just had a baby and lost the most dearest and handsome son, we will miss you Danneil!! As for who is the father it will eventially be revealed but give Anna some time to grieve!!

2850 days ago
22.

pinupcutie    

Leave poor Anne Nicole alone! For God's sake she just lost her first born son! I'm not saying she's 100% right in any of this, but she just lost her son right after delivering baby Dannie.

Can't a DNA and drug test wait for her grieving period. This shows me that this Birkhead media whore is a jackass.

Plus why don;t they drug test him! He obviously partied the night before...just look at the baggage under his eyes!

2850 days ago
23.

Eli    

I think Larry has the right to have the paternity test, BUT why is he trying to make her life miserable by also demanding a drug test, YEA TO TAKE AWAY HER KID!

Larry why dont you submit yourself to a drug test?

Now that her son is dead and she gave birth he wants the kid, boy you got some balls on you!

2850 days ago
24.

My two cents    

I have defended Anna here (as some of you well know), but the proof will be in the pudding, as they say. Anna MUST come back and submit proof that Howard is the father, but I think we all know that this will not come easy. I doubt highly she is going to leave the Bahamas any time too soon.

2850 days ago
25.

M    

Awe poor Larry, only cares about the baby .my ass he makes his living off celebrities .And where was he when Anna was a fat girl?
Nope he is out to get anything he can from this, Why doesn’t he sent his hired bitch lawyer to the Bahamas if it is that important to him.

2850 days ago
26.

I was an Anna Fan    

I was an anna fan for years. She is not talented but I do find her interesting. However, I am no longer in her corner. I believe this Larry guy and if he is not the father I am sure he was well convinced by Anna that he was. If someone did that to me and would not let me see my baby I would go to the media. My face would be plastered over every news channel I could find. Especially if I thought it would keep it in the media and possibly prevent her from going off to some crazy 3rd world country. It looks to me like she is hiding something and I would imagine it would be the fact the Larry knows she was on drugs and if it is his baby he could take custody because of her history and instability. If I were him I would sell my story to every outlet I could to ensure that I had money to give my baby a great lifestyle and the best care. Once he has custody or whatever I would no longer be in the media and let the baby have a normal life. Also if he is the father I would sue her and Howard K. Stern for mental cruelty and keeping the baby away from him.

2850 days ago
27.

Jenn    

I truly think this guy is horrid. You can clearly see by looking into his eyes that his motives are FAR from pure. What type of real father would want to create so much stress in his child's life...hasnt the little soul been through enough with the loss of her brother...my goodness! He looks like a weasel, talks like a weasel...because that's exactly the role he wants. To weasel his way into this childs life through devestation and destruction. I will pray that Anna and her beautiful child gets through this and that this man's Karma come back to him triplefold! Whether He is the Father or Not...his actions are nothing short of EVIL and far from being fatherly! A quote of strength for Anna..." When I Despair...I Remember That All Throughout History The Way Of Truth and Love Has Always Won. There are Murderer's and Tyrants...and For A Time...They May Seem Invincible...But In The End...THEY ALWAYS FALL...ALWAYS"! Ghandi
Keep Your Light Shining Anna...You Have a Divine Right to Happiness and Time to Heal! You Have a Divine Right to Protect Your Child! Remember You Alone are Stronger Than Hundreds of His Men! He WILL LOSE...and Then He Will Lay In His Self-Made Bed of SHAME! Peace...Love...Light xxJ

2850 days ago
28.

Sarah Simmons    

I am of the humble opinion this photographer guy is just seeking attention. His attorney is way out of line sending her messages through the press. Her role is for her client but should be addressed through the appropriate legal channel
she too wishes to get her name and picture in the press.
Both of them are "grand standing".
I give "0" credibility to him and her.
If he was so worried about the baby , why wait until she is delivered and then start screaming "Daddy Darling"?
If he turns out to be the father he is unfit to take the child from her. If she had a drug problem he shoudl have itnervened during the pregnancy. I don't believe he is capable of sincerity in this situtaion.
I question his motives.
While I am a big fan of hers I believe there is a time window of optimum action steps.
A man with morals and character, if believed to be the father , would wait a short time and give Anna a time to grieve.
This man chose to put himself first.Therefore I judge him as shallow and self serving.

2850 days ago
29.

the wise old owl    

This is unbelievable. Birkhead is not the Bad guy here. Anna's publicists must have worked very hard to protray this guy in a Bad Light, when all the has done so far is show love and concern for whom he believes to be his child. How can you chastise someone for doing that? Hell , we shouldn't be criticizing him we sholuld be acknowledging him for his effort. The only thing Anna has going for her is her Celebrity. People tend to believe more if they " think " they know the person.

This man is paying for a Lawyer on the HOPE that he is the father and can do his duty as he feels fit. There is no financial gain in that. If anything he is losing $$ , not making it. Another one of Anna's tactics to make him appear like the bad guy. Throw out the red herring and hope the public buys it. Well I for one , don't .

I think he knows far too much about Anna. He was willing to keep it a secret UNTIL his child became involved and then he had no other choice. His loyalty went from her to whom he believes to be his child. Good for him. Sometimes we all have to break a promise if it's for all the right reasons.

Anna can take a minute out of her " GRIEVING PROCESS " ( what a joke ) To submit to a paternity test.. If she truly was putting the child's needs first, she would do that.

I had read that she had a Plan B and tried to say some other man was really the child until they realized that he had a VASECTOMY. Woops, that lie won't work. She is deceitful and can not be trusted . Her judgement is so impaired that it's incomprehensible to think of her mothering a child right now. I'm keeping my fingers crossed Danilynn gets the same advantage any other child gets. KNOWING WHO HER TRUE FATHER IS.

2850 days ago
30.

USCgal    

I am a close personal friend of the Birkhead family. Larry is a highly educated caring person and he does care about this baby. He comes from a wonderful close knit family where children are respected and come first. So, First of all I would like to say Larry was told directly by Anna that "THEY were having a baby" they planned for the baby together. Larry told her to get off methadone. He layed beside her in the hospital bed for days during her pregnancy while she was in detox. When she continued to do drugs he told her that if she didnt stop, he would request a drug test for the baby. Thats when she fled the country. She had already lost one of their children by miscarriage probably due to heavy drug use. I understand that she has lost her son. It is a terrible loss. But why should Larry have to wait to see his baby until she is finsihed greiving? She knows what it feels like to lose a child, why should Larry have to lose time with this one. Would you not want to see your newborn child under any circumstance?? WHY IS IT SO HARD TO BELIEVE THAT A MAN COULD WANT TO BE WITH HIS CHILD WITH OUT ANY ALTERIOR MOTIVE???
Now put yourself in his shoes. Her own mother and a close friend went on ET and said that Anna was so sedated when they talked to her that she couldnt speak. Anna is breast feeding and this child is getting as high as she is. Another thought, why would Anna marry Howard? Maybe because she knew that when the media found out that she was on Methadone and anti depressants (Daniels death cocktail)they would not have to testify against each other as husband and wife in Danniels death case. They were the only 2 in the room when he died and the drugs had to come from somewhere. Larry is well known as a photographer amongst many stars who are way more popular than Anna Nicole. He does not need "15 minutes of fame". He never utilized the media until he was threatened by Anna that she was fleeing with the unborn child and he would never see it. All because she knew he would get custody due to her MASSIVE drug addiction. Anyone with a TV can see the problem. How would you feel if you were told this was your baby and then once it is born never knowing who was taking care of it other than a mother with a severe drug addiction? Wouldn;t you use the media to alert the public that someone is threatening to run off with your child? I can promise you that there is not ONE person out there that would want Anna Nicole Smith to babysit your child let alone want her to RAISE your child. I can certainly promise you that Larry Birkhead is not a "weasel" or a "Media Whore". If people are going to use the term "whore" they really need to direct that term to the other party in this case. I can not fathom how anyone on here can write that that baby is better off with Anna Nicole Smith!!! She and Howard Stern are both a danger to this child. I think you should all watch Howards "MEDIA MESS" he created on Larry King where it was obvious he was high as a kite. Would you really feel safe with these people around your baby. Another thing - During Anna & Howards commitment ceremony that baby was on a boat with 5 adults.. all who were said to be intoxicated by the driver of the boat. Who was watching that baby?? AND who in the HELL takes a newborn infant on a boat inthe middle of the ocean at that young of an age. It can not wear a life vest. Does anyone here see the danger in any of these happenings?

2850 days ago
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