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"Weak" Virgie Defeated in Court -- Larry Finally Free to Go

4/27/2007 12:26 PM PDT BY TMZ STAFF

Virgie -- LarryThere is no one else standing in Larry Birkhead's way.

Virgie Arthur's last-ditch appeal to block Dannielynn's biological father from leaving the Bahamas with the infant has just been denied. And to add insult to injury, the judge verbally and financially smacked Arthur, calling the appeal "weak" and ordering her to pay $3,000 in attorney's fees for wasting the court's time.

At one point, the judge reportedly said that he was "perplexed" as to why the case even made it into his courtroom.

1058 COMMENTS

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91.

CAW    

The only book or pictures that I will buy will come from Virgie only! You will soon hear the truth not what trash magazine, tv station or web site prints. This is why media gets rich! Stupid people like most of you! Talk about hahahahaha right now I am because you think it's over...............step a side!

2700 days ago
92.

marilyn elliott    

I am so happy for Larry.......I hope he and Danielynn can some how have a happy and normal life. Virgie...........GO HOME............

2700 days ago
93.

Reita Perdue    

Thank you Almighty God, in the name of our Lord Jesus Christ to all glory be given, you have once again showed yourself strong. Larry, your family serves an awesome God, take that baby and get on the airplane, I hope that Shelly Ford is sitting on the runway waiting for you and baby Dannielynn. Larry, i hope that you will bond with the Ford's, I really think that they are good people, they would be an asset to you and Dannielynn. God Bless you and baby, go see your dad, and our prays are with him and your family. Love and respect to you and all your family, much grace has been shown by them. RAP

2700 days ago
94.

Avery    

Hooray for Larry and Dannielynn!

Now Virgie, get your big slovenly, grotesque, uneducated, uncivilized, pigged headed woman beast of a self on a blimp back to your Texas trailer trash family! You Stink!

2700 days ago
95.

Skeeter 17    

After so many hassles and frustrations, Larry can finally bring what he really owns back home---precious Dannielynn! I do not think Larry is a wicked or selfish person---somehow I am sure hewill allow Virgie to visit the baby...Howard to visit Dannielynn too. I am glad that Larry and Howard seem to be getting along inspite of their bitter fight prior to Larry being named as the real father!

With all the good breaks that came his way, Larry will or is a forgiving and respectable person. Surely, he will not make it difficult for Virgie or Howard to visit them in the US.
But joint custody for Virgie?----that's a big no, no...and I do not blame Larry for refusing this one!

2700 days ago
96.

Queen Knowitall    

Bravo!!! to the Bahamian court system!!! Virgie, take a hike and ESAD!!!

2700 days ago
97.

Virgie is fat    

177. Court Rules Against Anna Nicole's Mother
By JESSICA ROBERTSON


Associated Press Writer


NASSAU, Bahamas — A Bahamian court cleared the way Friday for Anna Nicole Smith's ex-boyfriend to leave the island chain with their infant daughter, rejecting an appeal by the mother of the former reality TV star.

The judge ruled that a court in the United State would likely have the final say in the custody dispute between Virgie Arthur and Larry Birkhead, who was confirmed as the 7-month-old baby's father after undergoing DNA testing.


(enlarge photo)
Virgie Arthur, the mother of the late Anna Nicole Smith, pictured outside the Bahamian Supreme Court on the day of a custody hearing, in Nassau, Bahamas, Wednesday, April 25, 2007. Larry Birkhead was proven as the father of Smith's 7-month-old Dannielynn by DNA tests earlier this month, but he still faces a legal challenge for guardianship from Arthur. (AP Photo/Tim Aylen)
Arthur was challenging a judge's decision this week to allow Birkhead to leave the Bahamas with Dannielynn. Her attorneys argued that Birkhead might not return as directed for another private hearing in the case June 8.

"I'm happy because this is nonsense really," Birkhead told The Associated Press outside the courthouse.

Birkhead, a 34-year-old Los Angeles photographer, said he plans to leave for the United States once he fixes Dannielynn's birth certificate to list himself as the father.

In refusing to consider Arthur's application, a three-member appeals panel noted that both she and Birkhead wanted to take the child to the United States.

"So what is the problem, what is the fear? The child is going to the States anyhow no matter who gets custody," Justice Emmanuel E. Osadebay said.

The court also ordered Arthur to pay Birkhead $3,000 in legal costs.

Smith, who gave birth to Dannielynn in the Bahamas in September, died in February from an accidental drug overdose in Florida.

Smith's last companion, Howard K. Stern, who had been listed as the girl's father, patted Birkhead on the back after the ruling and said he was preparing himself emotionally to hand over custody. Stern has been living in the oceanfront home he shared with Smith.

"It's difficult for me, but since Larry made it clear he wanted to be the father, I knew it was inevitable," Stern told The Associated Press. "I just want Dannielynn to have a good life, and I'm confident Larry will give it to her."

Stern said he hopes to be involved in the girl's upbringing but that was up to Birkhead. "I'm not requiring written papers or court orders," he said.

During the hearing, Arthur took notes with a flower-tipped pen in a spiral notebook. "I'm writing prayers," she told AP. "I'm talking to God."

Arthur left the courthouse after the ruling without speaking to reporters.

A lawyer for Birkhead, Emerick Knowles, said his client hopes to leave for the United States once he secures a passport for Dannielynn but plans to return for the hearing in June.

"He'd be silly not to," Knowles said. "He has every intention of complying with the law."

The girl could inherit a fortune if lawyers resolve challenges over her mother's estate in her favor. When Smith died of an accidental drug overdose in a Florida hotel room, lawyers were still wrangling over the estate of her late husband, the Texas oil tycoon J. Howard Marshall II, estimated to be worth more than $1 billion.

Smith gave birth to Dannielynn in September only days before her 20-year-old son Daniel died of a drug overdose at her bedside.


___

April 27, 2007 - 12:17 p.m. EDT



Posted at 12:30PM on Apr 27th 2007 by me
------------------------

That reads a whole lot better than Tony Potts account. THANKS
==========================================

203. I think what the judge was referring to regarding the June 8 hearing was simply that "whoever is awarded custody" that date... the point is moot really, because once everyone steps back on U.S. soil, it will go back into court in the U.S. by the person who did NOT get custody in the Bahamas. These judges aren't STUPID!!! They know what they're dealing with where all of these U.S. citizens taking up time in their courts, are all about!!!

Posted at 12:41PM on Apr 27th 2007 by the Bahamian judges know what these U.S. citizens hogging time in their court systerm are all about!!!
----------------------------------------------------

Yes, I agree with you. That makes a whole lot more sense.

Technically, if they rule joint guardianship for Virgie and Larry (not joint custody) I suppose Larry could take that home with him and it wouldn't be worth the paper it is written on. I don't think Virgie was asking for any physical custody.

As for visitation rights (if any are ruled in the Baha

2700 days ago
98.

I just want truth    

183. News FLASH

When Larry steps on American soil he will be arrested for molesting the baby , giving her drugs and for being part of the murders of ANS and the son !
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Are you out of your mind? I can't even belive that someone actually wrote that. That statement is even more shocking than Virgie's actions. What a sick, twisted, demented mind. Why would you think something even remotely close to that about Larry and his daughter?
I don't know where you get your information, but Larry wasn't even in the same country when Anna and Daniel died. What the hell is wrong with you?
I have to believe you only wrote that to get responses from people. You have to either be totally insane or an insecure attention seeking idiot. Either way, it's time to get back into your padded cell now. The other patients are waiting for their turn to get online.

2700 days ago
99.

Mamaw in Kentucky    

Here is the Kentucky Statue on "" Grandparents rights"

405.021 Reasonable visitation rights to grandparents.
(1) The Circuit Court may grant reasonable visitation rights to either the paternal or
maternal grandparents of a child and issue any necessary orders to enforce the
decree if it determines that it is in the best interest of the child to do so. Once a
grandparent has been granted visitation rights under this subsection, those rights
shall not be adversely affected by the termination of parental rights belonging to the
grandparent's son or daughter, who is the father or mother of the child visited by the
grandparent, unless the Circuit Court determines that it is in the best interest of the
child to do so.
(2) The action shall be brought in Circuit Court in the county in which the child resides.
(3) The Circuit Court may grant noncustodial parental visitation rights to the
grandparent of a child if the parent of the child who is the son or daughter of the
grandparent is deceased and the grandparent has assumed the financial obligation of
child support owed by the deceased parent, unless the court determines that the
visitation is not in the best interest of the child. If visitation is not granted, the
grandparent shall not be responsible for child support.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 302, sec. 1, effective July 15, 1996; and ch. 314,
sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 493, sec. 1, effective
July 15, 1994. -- Amended 1984 Ky. Acts ch. 136, sec. 1, effective July 13, 1984. --
Created 1976 Ky. Acts ch. 277, sec. 1.
Legislative Research Commission Note (7/15/96). This section was amended by 1996
Ky. Acts chs. 302 and 314 which do not appear to be in conflict and have been
codified together.
Page 1 of 1

2700 days ago
100.

Drama Continues!    

#221 by Posted at 12:45PM on Apr 27th 2007 by CV

Howard said that if Larry's DNA matched he wouldn't fight him!!!!!!!!!!!!!!!!

Howard was going to hang on if it wasn't Larry's baby. And for that I don't blame him one bit. He was doing what was RIGHT!!! Anyone could have stepped up & said they were the father of the baby. Anyone that can't see that is just plain BLIND AS A BAT!
He wasn't holding her hostage....he was protecting her! GET IT RIGHT & GET A LIFE

2700 days ago
101.

April    

Virgie, everyone including the judges see your for the pathetic money grubbing person you are.Your vaction is over now get your soory butt back to the states and leave Larry and Dannielyn to grow up normally away from you. She has a strong supportive and healthy support system in Larry's family and you I'm sure will make your blood money off Anna's death when you get home. I can smell abook that you'll try to pedal and I pray no one will want your trash. Anna had you pegged and if Larry is the daddy I think he is he will keep your soory butt as far away from Dannielyn as he can. If you care about Dannielyn like you say you do then don't write a book and leave them alone. Remember she will be an adult someday and see what you did to keep her and Larry from starting their lives together.
To the Bahamian Appelate court WAY TO GO!!! The only thing you should have tripled that fine. Now kick Virgie's butt out of there before we see another pic of her sprawled across the graves so she can earn aother $$$$.
April

2700 days ago
102.

Only swim in the Ocean    

Howard K. Stern, who was also present, said he would support Larry for however many years it takes. When asked if he would go to visit Dannielynn, Stern responded, "If Larry let's me."

Posted at 11:39AM on Apr 27th 2007 by Clau


Posted at 12:27PM on Apr 27th 2007 by Hope HKS is history

This is just editorial content from bitchy Tony Potts. I doubt HKS said it. We need to wait for the real reporters for the facts.

2700 days ago
103.

TJ    

I am happy that Larry can finally leave with his daughter. I don't agree, however, that people should be bad mouthing the Bahamas. The Bahamian courts have been more than fair and professional. I don't think it would have been the worst thing for Larry to raise Danielynn there on that island paradise. I think it would have been actually more difficult for Virgie to continue harassing Larry in the Bahamas than in the USA. Danielynn would have had a more normal upbringing there away from the constant paparazzi that await him in the USA. Danielynn would have been able to visit her mother and brother's grave regularly and still be within a few hours flight to the USA anytime they wanted to visit Larry's family. Mark my words...once they return to the USA Virgie will continue in her quest for control of that inheritance and it will be so much easier for her to do so when Larry and the baby are not far from her. If Larry had stayed in Nassau eventually Virgie would have had to return to the states as her money has run out and the Bahamian courts have already dismissed her appeals and would not have issued a residency permit. Watch out now...the fight for Dannielynn will continue even more viciously in the USA by Virgie!! This may seem like the end and closure but I have a feeling in may just be the start of bigger and more ugly things to come.

2700 days ago
104.

QV    

Keep the baby safe Larry. The barracuda Virgie Arthur is not done with you yet.
http://annanicoleandhowardkstern.com

2700 days ago
105.

Cindylou    

211. FRANKIE HOGE

YOU MUST BE ONE OF VIRGIE'S EX-HUSBANDS AS YOU SOUND JUST LIKE HER ... COMPLETELY OUT OF TOUCH WITH REALITY AND CONSUMED WITH NASTY SCHEMES. VIRGIE'S GOOSE HAS BEEN COOKED ... JUST STICK A FORK IN IT.

2700 days ago
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