Anna Nicole Dispute Shows System’s Flaws

Chicago Sun-Times ^ | 3/10/07 | By Jeffery M. Leving and Glenn Sacks

[sageb1]

Paternity is the only thing that matters and yes, from what I gather, Stern's attorneys are heading down the psychological parent route. Swab the baby. Give her to her father and put Stern in prison - for something/anything.

[TheSpottedOwl]

One problem with the article. The authors fail to take into account that Howard K. Stern has kept Anna Nicole drugged to the gills, and that he drew up that will of hers, which she signed under the influence. This isn't your ordinary "screw the rightful father" case.

We won't get into possible homicide charges...yet.

[nctexan]

And Anna Nicole shows our society's problems.

First in succeeding as a 'star'... and now with months of 7x24 news coverage.

Look at the number of post on FR even.

[TheSpottedOwl]

FYI...(can't remember who has the ANS ping list)

[gcruse]

"A father has the right to parent his own child. The Smith case demonstrates how easily mothers and their new partners are able to violate that right."

Typical lawyerese. While I agree DNA testing needs to be mightily reinforced, asserting a father's right to parent his own child without recognizing the mother's exact same right is ludicrous and would be an embarrassment to anyone but a politician or a lawyer.

[webboy45]

There's an easy way to deal with this. It's called marriage. I don't think that men who father children out of wedlock should have the right to take the children out of a loving family environment, whether it's provided by the mother or adoptive parents.

[gcruse]

Hmm. If NASA is pronounced 'nassuh', how do you pronounce ANS?

[steve8714]

Rhymes with heinous.

[HaveHadEnough]

...the case’s key fact: photographer Larry Birkhead, Smith’s ex-boyfriend, has a legitimate claim to paternity.

Why is it "legitimate"? Because he makes the claim that he is the father? Is that all it takes? Anyone can make a claim to be a child's father and the allegation is deemed to be legitimate?

The way to combat these machinations is for family courts to order mandatory DNA testing of all babies within 30 days of a putative father’s filing for paternity.

So, all it takes is someone's allegation that he is the father of a child, and the government gets to obtain a sample of a baby's DNA? Shouldn't the taking of such a sample require, at the very minimum, probable cause, like it does in most criminal cases? Why should the privacy interests of a baby be less valued than the privacy interests of a criminal defendant?

[Hildy]

Birkhead will get his baby. Stern, well, he'll get his.

[Howlin]

I believe Birkhead wanted to marry her, which is exactly why Stern spirited her away to the Bahamas.

That, and the fact that the baby was obviously going to test positive for drugs.

[veronica]

That's how this appears to be playing out.

[Howlin]

There's plenty of probable cause in this case, namely that she told him he's the father and took him to all the baby doctor visits.

Why should the privacy interests of a baby be less valued than the privacy interests of a criminal defendant?

You'll have to ask Howard Stern that; he's the one leading this particular circus.

[greenthumb]

You are being so judgmental! ;)

I couldn't agree with you more.

[HaveHadEnough]

There's plenty of probable cause in this case, namely that she told him he's the father and took him to all the baby doctor visits.

His statement that the deceased told him he was the father is a bit self-serving. I would think a stronger statement would be from her to third parties stating that he was the father.

[Howlin]

Try to pay attention to the FACTS of the case; there is plenty of incidental evidence while she was alive that she had told him he was the father.

Until he brought up the fact that the drugs she was using might hurt HIS baby, things were fine.

[twonie]

I believe the flaws revealed here are those of Anna Nicole Smith and her entourage. Can't wait for that DNA result. Just can't wait. Be ready!

[sageb1]

"I would think a stronger statement would be from her to third parties stating that he was the father."

That occurred. Forget who.

[kimmie7]

Anna who?