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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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61.

James    

Obviously, Anna is so very, very broken up by her son's death, that the poor overwhelmed woman couldn't HELP but get committed to her creepy self-professed babydaddy lawyer, then jump into the water, order a fish sandwich from the KFC, one day after learning that her son had died of a drug overdose and is still in the morgue awaiting burial. So Sad.

2838 days ago
62.

the wise old owl    

I have never been so passionate about a subject than this one !!!!

Please tell me where I can buy a tee shirt that says " Go Team Birkhead Go " I will be the 1st in line to buy one of those................ I am so on his side....

2838 days ago
63.

the wise old owl    

I would like to thank my " Peeps " for standing behind me and " watching my back" , during my candid and blunt statements :: Always Controvercial , but YET I am truthful............. MANY Thanks to :

!. Oat.
2. just moving along
3. Live wire
4. ross
5.sam
6. stan
7.debbie
8. crazy
9. Team Birkhead.
10. Hippo
11. and " laughing at you " who came around in end after he did a little research.
12: Maven
13: ( anyone else I forgot to mention ) I am starting to keep a list, next time I won't forget..................... I appreciate your support.

I sleep by day.................Fly by night ..................................I am ....................................

2838 days ago
64.

LuvzPynk    

To "Wise Old Owl",
I totally agree w/ ALL your comments on here bout this Anna Nicold/Birkhead Drama ect!!! Your comments were damn near exactly what i was and still am thinking bout all this-
"Go Team Birkhead Go"

2838 days ago
65.

jo28jean    

What is with everyone. If you watched even one of her show episodes you know she is addicted to drugs. Howard Stern has been drooling over her for years. He has used this unfortunate problem for Anna to get what he wants ....her to marry him. He is her lawyer ..you know this was his idea. She needs to come back if she is so certain and doesn't have anything to prove. I know everyone is saying it's her baby. Guess what ...if you can't keep outta the drugs and alcohol what kind of parent are you? That's just my two cents.

2838 days ago
66.

tiffany    

I am wondering about the timing of it all. I mean good lord she just had a C-section (in case nobody understands- surgery) and lost her son in UNDER A WEEK. Most people would crack under that and this moron is pulling this crap. If she was on Meth why the hell didn't he report her. Duhhhhh there is testing to see if she is on drugs. But more importantly the DR's would have known if the child was or is addicted to anything. This moron just wants his face in the papers hoping he can break into show biz. But somebody needs to slap his lawyer tho for being the crazy ass bitch to spout off like she has. Give Anna time to at least come to terms that she lost her child. Which i'm betting she hasnt yet. But larry the asswipe couldnt care less he's just after his own slimy butt. the sleaze ball.

2837 days ago
67.

PEPPA    

ANNA..... WHY DON'T YOU SUBMIT TO THE TEST ?

THAT IS , OF COURSE .... THAT YOU KNOW NEITHER OF THOSE TWO MEN IS THE BABIES THE FATHER, AND YOU DON'T WANT THE WORLD TO FIND OUT .... JUST WHO IS HER FATHER.....

BY NOT SUBMITTING..... YOU'R ONLY MAKING ROOM FOR MORE SPECULATION, THAT MABE YOUR BELOVED SON DANIEL IS THE REAL FATHER. SUCH A SAD MESS YOU'VE CREATED FOR YOURSELF ANNA.

2837 days ago
68.

Philbert    

Jeez - some of you people are real whackos - leave the woman alone. It's her life - not yours!

2837 days ago
69.

Ken    

Unfortunately, I think the only motiation here is the money. Larry wants some of Anna's and Anna doesn't want to give it to him.

2837 days ago
70.

Shan    

Oh great the Sperm donor wants to know if it's his, LOL! I bet she got what she needed from him, she took it and ran. So what, she doesn't love him, she just wanted or needed a baby. Dying from laughter. She doesn't need a Father for her baby. A lot of woman nowadays are raising children by themselves, especially in Hollywood, look at Sharon Stone and Meg Ryan. They are adopting them left and right and raising them on their own. NO MAN NEEDED!

2837 days ago
71.

James    

Grieving mother, HA! What a train wreck

2837 days ago
72.

sam    

Why would the fact that she just had a baby make her "untouchable" and make the real father%u2019s inquiries as to his rights unacceptable? (I say real father because she would not be refusing a paternity test if he wasn%u2019t the father). You all talk about Anna%u2019s feeling well look at her actions, she doing just find. Making more money than she has in ages. If you need to decry a villain look no further than the source of the controversy. All Anna needs to do to put this whole thing to rest is get a paternity test. It%u2019s very simple.

2837 days ago
73.

Donna    

Y'all are missing the point. If he was interested in just finding out of he was th efather, that's all good. But now, after just losing her son, he's filing to take the baby away from her if it's his. Full custody where HE decides when or even IF she can see her little girl. Her first born died tragicially. He wants to rip her second born away from her.

I've never cared one way or the other about Anna, but I think she got herself involved with a real scum-bag with this loser.

2837 days ago
74.

Jennifer Scott    

Well hell, I've read everyones comments on this matter & thought about this, even discussed it with the hubby... I'm really starting to agree with all those who are for Larry. I figure he most likely is the father. Now my issue with all of this is him wanting to test the baby for drugs... I would assume that the child would be deathly ill if she'd been born with any drugs in her system. Also, I was pretty near positive that the routinely test babies for any substances if they think the mother is strung out. Please correct me if I'm wrong on this issue. As far as him wanting to know for sure if he's the father, I can not disagree with that. If I was potentially a father I would want to know as well. I can not see why he would be doing all of this if he didn't really give a damn about the baby. All of this publicity is not making him look all that great in my eyes, lots of people think he's a jerk for "putting ANS through this in her time of grief." (Not me personally.) I say just take the test & go on with your lives either way. Just my thoughts on this insane matter. Have a great day all!

2837 days ago
75.

Susie Que    

I don't want to pass judgement on Anna Nicole, for I have not walked a mile in her shoes. The following is the "opinion" only, that I have formed in my mind from what I have seen for myself.
I watched her reality show a couple of times, I found it very vulgar and kind of disgusting.
I saw bits on entertainment shows of her where her speach was very slurred and she seemed extremely intoxicated or drugged.
I am so sorry that she lost her dear son, I can not imagine her grief, losing a child has to be the worst grief ever. I congratulate her on the birth of precious little Dannielynn Hope , she is a precious gift from God, I pray Anna will do what is right for her.
I read in People, long before the baby was born, that the move to the Bahamas was to prevent a custody battle. I don't claim to know who fathered this child, I hope it was Larry Birkhead. I don't know if Anna is on drugs, and if she is whether she is willing to get help, and get clean of drugs and alcohol. I do wonder why the ceremony she and Howard K. Stern had was a "commitment" ceremony, since they say they plan to marry later, but that is their business. I think the pictures, etc. Anna Nicole is selling are because she actually needs money, what income does she have, or has she had, in quite some time? I do pray that she will turn her life around. I don't know about her raising a little girl in her footsteps.
All of this is in her, and God's hands. I pray that she will have the paternity and drug test, and that she is not passing drugs to the baby not through breast milk.
As a side note-Yesterday, from CNN:
Cyril Wecht, the forensic pathologist who did the private autopsy on Daniel Smith, said Tuesday that his toxicology tests also detected trace amounts of a third antidepressant, Amitryptiline. That young man must have been one troubled soul, may he rest in peace...

2837 days ago
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