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19th March

Birkhead May Sue

By Quincy Parker

If the late Anna Nicole Smith’s ex-lover Larry Birkhead is declared the father of her six-month-old daughter Dannielynn, sources close to Mr. Birkhead say he would sue Howard K. Stern for damages for denying him his rights as the child’s father.

Mr. Birkhead has indicated that he intends to "stay put" in The Bahamas until "something good happens."

He said that he would certainly be present for Tuesday’s resumption of the custody hearing for the child.

Mr. Stern is the executor of the deceased celebrity’s will and Dannielynn’s presumed father – it is his name that Ms. Smith put as the child’s father on her Bahamian birth certificate.

However, the Journal understands that Mr. Birkhead intends to submit his own DNA sample to the Bahamas’ Supreme Court and ask for a DNA sample to be taken from Dannielynn in an effort to determine that he is the child’s father.

Mr. Birkhead is challenging the baby’s birth certificate on a number of grounds. In fact, court papers show Mr. Birkhead has already filed an application for "custody, care and control of the child," should he be declared the father.

The Journal understands that if Mr. Birkhead is declared the father, he intends to sue Mr. Stern for what sources say are "substantial claims for damages," based on the claim that Mr. Stern has been denying Mr. Birkhead his rights as the child’s father.

Dannielynn Hope Marshall Stern is the object of a legal tug-of-war between Mr. Birkhead, her grandmother Virgie Arthur and Mr. Stern.

When the widely publicized three-way battle for custody of the little girl returned to the Supreme Court on Friday, Mr. Birkhead was present.

As has become usual, he was greeted with cheers and applause by the onlookers gathered to ogle, many of whom yelled their support for him, claiming to be "on his side."

Friday’s proceedings were supposed to be a simple case management hearing, where the lawyers update the judge on what progress had been made since the last meeting.

In fact, after the proceedings were over, a smiling Mr. Birkhead shook hands with and waved at the onlookers. He said he was "happy" and "in a great mood."

Mr. Birkhead said he hadn’t yet seen Dannielynn as of Friday afternoon, and that it was "anybody’s call" as to when he would see her.

"It’s hard. It was hard for me to leave the last time, and it’s hard for me, so hopefully I’ll stay put until something good happens," he said.

He also maintained his confidence that he is Dannielynn’s father.

"I know I’m the father. It’s just when will the court know. [The court will know] sooner rather than later," he said.

Mrs. Arthur emerged from the court silent, and unsmiling.

She had earlier emerged in Bank Lane from a white stretch limo, smiling and flanked by a phalanx of US lawyers headed by Texas lawyer John O’Quinn.

Mr. O’Quinn and his US colleagues were forced to leave the courtroom, at Mr. Stern’s request, leaving only the Bahamian lawyers and their clients in the court for when Justice Stephen Isaacs made his decision.

"I feel like it [was] unfair because I’m Virgie’s lawyer. I’ve been her lawyer from the start, and I have a deep interest in her case and in her well-being, which causes me to have a deep interest in the well-being of her granddaughter," he said.

According to Mr. O’Quinn, Mrs. Arthur – who maintained a stoic silence as she entered and exited the courtroom – did not like having her US lawyers thrown out of the court.

Mr. O’Quinn also asserted that Mr. Stern ought to be present at the proceedings.

"You’d better believe it. If he really loves this child, and he really wants to be the father of this child and take care of this child, he should show some interest. He acts like he could care less what’s happening," he said.

There are reports that background checks are underway into all three parties involved, ordered by the Department of Social Services. Those results were supposedly expected to be revealed in court on Friday.

http://www.jonesbahamas.com/?c=45&a=11976