Larry Birkhead files Paternity Suit against Anna Nicole

[irishgrl]

Paternity Suit Filed Against Anna Nicole

Posted Oct 2nd 2006 11:34PM by TMZ Staff
Filed under: Celebrity Justice, Anna Nicole Smith

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.

[gldstwmn]

It gets worse:

http://usmagazine.com/node/2561
Anna Nicole Smith’s ex-boyfriend and aspiring baby daddy, Larry Birkhead, filed suit in Los Angeles Superior Court Monday, demanding that Smith return to the U.S. with newborn daughter Dannielynn Hope and submit the baby to a paternity test, E! reports.

Birkhead's lawsuit contains "damning" allegations that Smith was taking methadone and that her attorney and boyfriend, Howard K. Stern, has been facilitating her habit.

Smith's ex accused the TrimSpa spokeswoman of fleeing to the Bahamas to keep her baby from being tested for drugs. Birkhead also alleged that Stern is claiming to be Dannielynn’s father for his own financial gain, and claims that Smith had asked a third unidentified man to say that he was the father of her child -- a plan which didn’t work out because the man had already had a vasectomy.

Birkhead requested in his petition that Smith and her daughter undergo drug testing. According to Birkhead’s attorney, Debra Opri, Birkhead is seeking legal and physical custody of the child.

"The public will be very surprised when they learn the details of the lifestyle this baby is going to be faced with if she remains in the current situation," Opri said in a statement.

Stern announced on Larry King Live last Wednesday that he is the father of Smith's baby. The following day, the couple exchanged vows in a non-binding commitment ceremony in the Bahamas.

"There is absolutely no way that [Stern] is the father of this child," Birkhead told MSNBC’s Rita Crosby. "He knows it, I know it and that's all there is to it. He challenged me on live television to get an attorney, so I have taken him up on his offer."

On September 10, Smith’s 20-year-old son, Daniel, died of a heart attack caused by a lethal combination of antidepressants and methadone, three days after Smith gave birth to Dannielynn.

[desertangel]

Why am I not surprised... ?!?!

[Kelly]

If Anna was taking prescribed methadone and no illegal drugs (or abusing scripts), Larry Birkhead could not get custody based on just that. I also highly doubt that the baby was released from the hospital four days after her birth, if she was born addicted to methadone. The baby would have to be detoxed and monitered for withdrawal symptoms which might not even appear for 24/48 hours or so after her birth. (depending on when/if Anna took a prescribed dose the day Dannie Lynn was born) I have some experience with methadone addicted babies and I have never seen one be released from the hospital at three or four days old. Even if the baby has mild symptoms, they are usually observed for longer than a few days. They must meet certain criteria for a period of at least 24 hours before they are considered for discharge. (in the US) I highly doubt the pediatrician would discharge DannieLynn if she was withdrawling and required meds to ease her symptoms.....nor do I think Anna or her hired help could handle her at home.

I am a bit suspicious of the way HK Stern went on Larry and declared his paternity and if LB is indeed the birth father, he should fight for his rights.

[mikeschmike]

1-800-hot-mess

[BlackWidow]

This will all blow up in Anna's face!
There is now way Stern is the father...