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Larry Birkhead's attorney speaking - says he is "devastated" - but that they have an emergency paternity test request hearing - tomorrow - because if they don't get dna in next 48 hrs, can't get it.

There are 2 people claiming paternity - and grandmother - is only clear relationship to this child.

Greta: Where is this child? We understood child is with Shane Gibson's mother....baby is in Bahamas.

As we all know....they understand that child will go to protective services to go to next of kin - who is ANS mother, Virgie.

child services in Bahamas - they have to follow law - if they contact Virgie - she is duty bound to take custody of this child.