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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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31.

Rah-Rah    

Oh for corn's sake!! What the hell is going on with this sh*t!??! Larry and Howard are both claiming to be the daddy of Anna's baby? I have a new theory to all this mess:

Anna secretly froze the sperm of her late second husband (whose name is also Howard) and impregnated herself with this old codger's juice just 9 months ago at some fancy infertility clinic.

And as far as knowing what happened to poor Daniel (may God rest his soul) only Anna's so called "lawyer/baby-daddy" knows what's going on. I personally find it very strange how Anna's baby daughter is born and immediately Daniel dies few days later. Is Howard K. trying to keep Anna and her baby all to himself? Is he trying to establish his hold on her and her baby? Why did they marry all of a sudden, and Daniel is quickly out of the picture? Could Howard K. be keeping a deep, dark secret of sorts? Maybe. After all his initials are an acronym!!

Howard K. Stern=HE KNOWS SOMETHING (about Daniel's death)

2889 days ago
32.

the wise old owl    

I agree with post # 24 I was an Anna Fan. What Dad who really cared wouldn't go to the media for help if he was painted into a corner with no way out. Anna gave him no choice. All she had to do was privately cooperate with him and get the test.
Se is most likely LOVING the added publicity not hating it. She has always been such a publcity whore.

I really disagree with post # 25 Jen : You have fallen for the " HYPE " that has been put out by Anna's Camp. I hardly call a father wanting to be involved in his childs life " weasle like behavior " He not only has the right he deserves to know. And, how can you possibily call this guy EVIL when you don't even know him? HIs motives don't seem self serving at all . Anna's past is out there for everybody to see and it's NOT GOOD. I would be doing the same thing he is , if I were placed in these circumstances.

Post # 26 Sarah : It is unrealistic to think that Birkhead could have curtailed Anna's drug use. I'm sure he tried many times. When you are that addicted it becomes more imporatant than anything. You pick drugs over family, relationships, everything. There are mother's who have sold their children for a bag of crack. I'm sure he gave it his best shot. Who knows he may even have threatened her " Get off the drugs or else I will take custody. " It makes sense . That's why she ran to the Bahama's where she could escape his demands for drug testing.

If you throw out all the bullshit and look at the BIg Picture common sense tells you that getting a simple paternituy test isn't a big deal. There shouldn't be any hoop la attatched to this. Birkhead doesn't deserve to be attacked for wanting to know if he is the father or not. Let hte poor guy know. Th;en we can all move on.

2889 days ago
33.

James    

Chapter 25 in the Anna Nicole Smith Saga!!

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.

I'm with Kat - Go babydaddy, go!!

2889 days ago
34.

James    

anybody look at the poll in the corner of the article? Babydaddy is Birkhead 59%, Neither 23%, and HKS a whopping 18%. Most of us do believe Birkhead is babydaddy! He knows way more sh*t than all of us together are guessing. Fasten your seatbelts.

2889 days ago
35.

Go Birkhead GO    

This is the craziest bunch of people I have ever seen. How could anyone say that Birkhead is a bad guy??? We have all witnessed Smith's drug addiction. It is in court docs that he requested and assisted in her drug rehab during her pregnancy. He has went on Entertainment Tonight or Inside edition (One of those shows) and said he still loved her. He has never defamed her except for telling about his concern of her drug problem. Who wouldn't do that??? Especially since it is his child. He has said I have been told it is my child, and if it is not I will go on with my life. All he wants is a paternity test. For all of you who have APPARENTLY not been following this case as closely as I have he has stated since JUNE that he is the father. I am a law student planning to study family law in Los Angeles so this case is one I am following closely. I can tell you one thing Birkheads atty is one KICK ASS lady! And from what I know as a law student Anna Nicole Smith will lose this baby if it is Birkhead's. My personal opinion is that Birkhead is sincere and genuine in his quest for paternity. As far as money goes, if he does get custody of this child he SHOULD get child support just as any woman would. I also would like to know why everyone is judging him for wanting to be a part of his baby's life? AND I CHALLENGE anyone on this blog to tell me why you find Anna Nicole Smith a fit mother. And to LARRY BIRKHEAD: You should be commended for your efforts in this matter. Most women would love to have a man who would take as much effort in wanting to be a father. To Anna Nicole Smith: Do the right thing. Everyone knows your relationship with Howard is a ploy to make money. I will be glad when Birkhead is proved the father and you and Howard Stern are proved to be liars in the public eye. It is a terrible thing you are doing to this baby and she will grow up to despise you for it. Get in rehab try to earn back your credibility and allow yourself and Birkhead to raise this child in a normal stress free atmosphere. To Howard Stern: You are a joke in the eye of every aspiring atty and a common joke to us all. Please refrain from calling yourself an Atty as you are and have apparently always given Ms. Smith bad legal advice. You give us all a bad name!

2889 days ago
36.

morag13638@aol.com    

I personally think this Larry guy is only out fir the money...Anna will have to pay him child support due to she makes more money or has more money. Thats the way it is in that state. So all of the, " I wanna be in my babys life" is all a bunch of bull...Its more like, I want my 15 seconds of fame and some of Anna's money too..

2889 days ago
37.

Go Birkhead GO    

Team Birkhead - you are the smartest chica on here. I am glad someone has some sense thru all of this. I just saw on TV that a nurse came forward and said she found Methadone prescribed to Anna in her hospital room that ws from the U.S. and Daniel had no prescriptions for any of the medication found in his system. Nowwhere the hell does everyone think those drugs came from?? Either Anna or Howard had to give them to Daniel. And who ever gave them to him will be charged with MURDER!!! Now I ask all of you bloggers.... Would you want your small infant child around these people? Anna just sold her "wedding" photos for 6 figures. She will need that money to pay for her murder trial! Especially since she still hasnt rec'd any money from her wealthy dead ex.

2889 days ago
38.

Jeanie    

Larry: What a low life piece of shit you must be. Anna has barely been afforded the time and respect to bury one child, and you come out of the wood work claiming your part on her other, if any. What a class act you are!! Pathetic. Even if you are genuinely concerned about "your" baby, there is a time and place for all of that -- certainly not in the media.

2889 days ago
39.

Go Birkhead GO    

Jenna,
If that was your child and its father had it, would you wait until he was finsished greiving before you were allowed to see it for the first time? Just wondering. Maybe you should think about that and put yourself in that position before you call someone a piece of shit.

2889 days ago
40.

Lia    

I think he's just hoping that, if she gets any big bucks from her late husband, he might be able to tap into it if he's the baby's father. What a complete jerk he is, trying to take this baby away. I don't see how he has the right to demand a paternity test on any woman, just based on his word.

2889 days ago
41.

James    

FINALLY, the majority on the TMZ blog is getting it! Daniel WAS MURDERED. He was given the methadone along with one other drug and that is what killed him. It was posted on another log that an empty prescription bottle was found in Anna's room. The postee was JUMPED on and had the shit kicked out of him for starting false rumors. Turns out it was true. Is now being reported in the news.

Babydaddy Birkhead is doing the right thing. He knows way too much sh*t! Stern moved Smith to the Bahamas to keep all of this under wraps as well as keep her away from Birkhead. Also alleged in the court filing that Stern tried to pay someone to claim he was the father. Only problem was, guy was sterile. Way, way, way much more to come out.

2889 days ago
42.

bobsmith    

Anna Nicole fan or not , here's how I see it.

I didn't care who the father of the baby was or who had custody until it was revealed that Anna Nicole had methadone and 7 times the prescribed amount plus antidepressants were found to be the cause of her son Daniel's death. How did Daniel get the methadone? Was it given to him? Was it lying around? Did they use together? Maybe if anyone had questioned her ability as a mother with Daniel he'd still be here.

2889 days ago
43.

James    

to: GO - Birkhead - Go are you taking names? you sure are kicking ASS. Go babydaddy Go. lol

2889 days ago
44.

James    

Cyril Wecht also knows what went on re Daniel's death. He's been paid to issue a sanitized version of COD. The police in the Bahamas knows there's more to this hence the original COD was "mysterious" and "unnatural".

Caution to Go - Birkhead - Go a couple of posters on the TMZ log like to attack people who espouse logical and reasonable thinking based on FACTS!

2889 days ago
45.

moretocome    

How can Anna be so cruel? It is so obviously this guys baby or she would not be trying to hide in the Bahamas. Damn and I was defending her before this latest fiasco. Yes, and now I%u2019m kicking myself. I have to wonder why she would not want to clear this up if she has nothing to hide. This father has every right to access and get to know his child. Anna can%u2019t play the woe is me card after this. If he loses this battle, this baby will be domed to follow in her brothers footsteps if left in Anna%u2019s custody. Poor thing. Anna shame on you, you%u2019re a horrible mother.

2889 days ago
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