Paternity Suit Filed Against Anna Nicole

10/3/2006 12:34 AM PDT

Paternity Suit Filed Against Anna Nicole

The Anna Nicole baby drama just got legal as Larry Birkhead filed a paternity suit against Anna Nicole Smith, his lawyer said Monday. The suit is requesting a judge to order Anna Nicole return her daughter Dannie Lynn to California, submit to a paternity test and have mother and child tested for drugs.

In a statement released tonight by Birkhead's high-powered attorney Debra Opri, Birkhead is asking for legal and physical custody of the little girl, born September 7th.

According to the statement, Birkhead is "a first time father and he is responding to allegations made by attorney Howard K. Stern on behalf of Anna Nicole Smith" and "believes beyond any doubt that he is the father." Smith's lawyer Howard K. Stern announced last week on CNN's "Larry King Live" that he was the father of the child and that he and Anna Nicole had been in a relationship for some time.

Birkhead appeared live on with Rita Cosby on MSNBC tonight and declared, once again, that he is the father of the little girl. He told Cosby that he is "outraged and angry" and claims that Anna Nicole deliberately fled to the Bahamas to avoid custody and visitation discussions. Cosby also asked Birkhead about unsubstantiated claims that Anna Nicole was pregnant once before with a child of Birkhead's but then miscarried, but Birkhead refused to comment.