Finally! Larry Birkhead Wins DNA Battle As Judge Rules for a Test

[Brian Damage]

- A Bahamian judge has given photographer Larry Birkhead a legal boost in his paternity battle over ex-girlfriend Anna Nicole Smith's baby daughter after ordering a DNA test on the tot.

Birkhead, who has been fighting for custody of the child he claims is his, pumped his fists in the air and jumped up and down as he emerged from court in Nassau yesterday after hearing an end to his battle was in sight.

He told reporters, "It's been a good day in court for me. I can't really get into specifics, but tomorrow might be an even better day."

That suggests the results from the DNA test could be determined as soon as today.

Smith's lawyer/companion Howard K. Stern, who is listed as baby Dannielynn's father on the little girl's birth certificate, stormed out of the courthouse and fled the scene in a black sports utility vehicle.

Stern has been caring for the baby at the Bahamian home he shared with Anna Nicole before her death in Florida last month.

The Bahamian authorities have ordered Stern not to leave the country with the girl before a custody ruling.

The latest ruling looks to end a case that has been ongoing since December when a Los Angeles judge issued an order for Smith to bring her daughter to California for paternity tests.

That ruling and another that followed were delayed as Anna Nicole and Stern attempted to more jurisdiction in the case to the Bahamas, where child custody laws and paternity issues supposedly rule in favor of the father determined on the birth certificate.

[Janice]

I read that the DNA test was done today. I really hope this issue is resolved soon, and that baby is placed with her family, Birkhead or not. I just hope that if he is the father, that Stern does the honorable thing and doesn't fight him over it.

[Ireneparalegal]

I agree. I hope for the best interest of the baby that Larry is found to be the biological father.

The autopsy results of Anna Nicole will be revealed on Monday.

[TJL]

Why do I have a feeling Howard K. Stern won't be cooperating with the DNA test people?

[Ireneparalegal]

It won't matter. As long as they have Dannielynn's DNA and Larry's, if the two match, that is enough to prove he is the father.

[Brian Damage]

Didn't Stern appeal it though?

[Mr. Stefani]

I want it not to be Larry's. I'll laugh so hard.

[Janice]

I guess he is appealing it.

Stern appealing Anna Nicole DNA ruling

But mouth swab already taken from baby, Court TV reports

NASSAU, Bahamas - Anna Nicole Smith’s longtime lawyer and companion is appealing a judge’s directive for a DNA swab test on the former Playboy Playmate’s 6-month-old daughter, the subject of a custody battle in the Bahamas, legal sources said Wednesday.

But Court TV reported the mouth swab test had already been done and would be sent to a laboratory in Ohio.

The legal sources, who asked not to be identified, said lawyers for Howard K. Stern were drawing up papers to block Judge Stephen Isaacs’ directive Tuesday that a swab be taken from Dannielynn Hope Marshall Stern.

“It was hoped the appeal would be heard today, but, the situation being what it is here in the Bahamas, it’s unlikely it will be heard until next week,” a source said. “I gather they are shooting for Monday.”

The paternity lawsuit was brought in the Bahamas by Larry Birkhead, an ex-boyfriend of the billionaire’s widow whose sudden death in Florida on Feb. 8 touched off a custody battle for her daughter.

Birkhead, a Los Angeles photographer, said he is the father of the baby who is heir apparent to Smith’s estate. The estate could be worth hundreds of millions of dollars if it wins a fight to inherit from Smith’s late oil tycoon husband, J. Howard Marshall.

Stern is listed as Dannielynn’s father on her Bahamian birth certificate. Other men also have said they may be the child’s biological father.

URL: http://www.msnbc.msn.com/id/17725869/

[Ireneparalegal]

My God, when will this friggin' circus end??????? IF YOU ARE THE FATHER, ALLOW THE TEST TO OCCUR.

I can see it now, when Larry is named the father, he will sue for the time he was DENIED ACCESS TO HIS DAUGHTER.

[catlover79]

That Stern is one creepy guy. For the baby's sake, especially, I hope this issues are resolved QUICKLY! Unfortunately, I think there is going to still be major legal/court issues going on for a LOOONG time.

[TJL]

Originally Posted by Janice

I guess he is appealing it.

Stern appealing Anna Nicole DNA ruling

But mouth swab already taken from baby, Court TV reports

NASSAU, Bahamas - Anna Nicole Smith’s longtime lawyer and companion is appealing a judge’s directive for a DNA swab test on the former Playboy Playmate’s 6-month-old daughter, the subject of a custody battle in the Bahamas, legal sources said Wednesday.

But Court TV reported the mouth swab test had already been done and would be sent to a laboratory in Ohio.

The legal sources, who asked not to be identified, said lawyers for Howard K. Stern were drawing up papers to block Judge Stephen Isaacs’ directive Tuesday that a swab be taken from Dannielynn Hope Marshall Stern.

“It was hoped the appeal would be heard today, but, the situation being what it is here in the Bahamas, it’s unlikely it will be heard until next week,” a source said. “I gather they are shooting for Monday.”

The paternity lawsuit was brought in the Bahamas by Larry Birkhead, an ex-boyfriend of the billionaire’s widow whose sudden death in Florida on Feb. 8 touched off a custody battle for her daughter.

Birkhead, a Los Angeles photographer, said he is the father of the baby who is heir apparent to Smith’s estate. The estate could be worth hundreds of millions of dollars if it wins a fight to inherit from Smith’s late oil tycoon husband, J. Howard Marshall.

Stern is listed as Dannielynn’s father on her Bahamian birth certificate. Other men also have said they may be the child’s biological father.

URL: http://www.msnbc.msn.com/id/17725869/

Told you guys he wouldn't cooperate.