Howard K. Stern files another appeal in paternity battle

Howard K. Stern is going back to court Monday morning on another appeal he filed in the paternity battle over Anna Nicole Smith‘s baby girl, Dannielynn, 6 months. Howard is now trying to stop DNA results in the case from ever being revealed. In the affidavit, Howard claims that Larry Birkhead‘s relationship with Anna "ended well before the preceding 280th day from the birth of Dannielynn Hope Marshall Stern." He also claims that Larry "maintained his own separate residence in California" and says that Anna "never resided" in that home with him.

Howard’s legal team believes the judge should not have ordered the DNA collection because Larry didn’t sufficiently rebut Howard’s presumption of paternity with evidence that he is the father. To secure the paternity test, Howard is making a case that Larry must first offer proof of evidence that he is the father. Howard will make his case in a Bahamian court of appeals on Monday.

Source: ET Online

Comments

… wouldn’t the DNA be Larry’s attempt at offering proof he is the father?

Stern is ridiculous. If he’s so sure he’s the father, he should just let them do the DNA test, and if he’s not, he should be doing his best to prove he’s the best father figure REGARDLESS, starting with getting a JOB.

- Jessie on March 31st, 2007

Stern will lose the appeal and we will all learn the results of the DNA tests.

Recall that Larry Birkhead’s attorney’s filed papers in the Bahamian court months ago – seeking enforcement of an order from a California court for Anna Nicole to provide DNA saliva samples from herself and daughter Dannielynn. Presiding Judge Stephen Isaacs accorded this order pro forma comity under international law.

Chapter 130 on the Status of Children provides, in part, that:

Where circumstances exist that give rise to presumptions of paternity in respect of more than one father, no presumption shall be made as to paternity.

This means that even though Howard K. Stern is presumed to be the father – because he is allegedly designated as such on her birth certificate and cohabited with Anna Nicole for a statutorily-required period of time before her birth – THAT PRESUMPTION IS RENDERED MOOT by Birkhead’s application concerning this child’s paternity. Larry Birkhead’s lawyers have presented enough circumstantial evidence in court to sustain a rebuttable case against Stern’s claim that he is Anna Nicole’s baby Daddy.

Therefore, Judge Isaacs had the authority (and duty) to order DNA tests to settle paternity. And he will not allow Howard K. Stern to stop the process.

We will learn the results of the DNA tests and it’s not going to be Howard K. Stern! His days with Dannielynn are numbered. MARK MY WORDS!!!

- JusticeWillPrevail on March 31st, 2007

isn’t anyone else creeped out that a KIDNAPPING is being taken place here??? Back when Anna first acknowledged her pregnancy, everyone knew it was Larry’s baby! There were photos of them together and the baby blog even wrote about it a few times! That to me, right there, is enough proof to order a DNA test. Howard, that baby doesn’t look a smidge like you, and you are grasping straws.

- Air on March 31st, 2007

oh please, kidnapping?! Not if he was told DL was his.

- Heavenly_hibiscus on March 31st, 2007

I think everyone has the same opinion about this guy and the situation. If he is so confident he is Dannielynn’s father and wants to prove it he would in fact want Larry to take the DNA test AND would want the results broadcast to the world. Plus he didn’t submit DNA for the test which again if he was her father you’d think he’d be first in line. How do you prove other than by DNA that you are a biological parents, that just sounds stupid that he thinks Larry could prove it in any other way. Howard sure has the babies best interest at heart…heavy on the sarcasm of course.

- Heather on March 31st, 2007

I figure if the Bahamian court system allows for that kind of appeal then there’s not much more to complain about. Even if it seems shady by American custom, standards and law, it’s not their jurisdiction. The baby was born in the Bahamas, Stern lives there – I’m going to presume Bahamian law prevails until the US invades.

- Lilybett on March 31st, 2007

It’s obvious at his attempts to stop the DNA testing that KStern is scared to death that the world will soon know for certain that Larry Birkhead is the father.
If KStern IS her father, he could have put this entire matter to rest by taking the test 6mos ago when the baby was born.
He is just looking more pathetic with each attemp to block the test.

- Christine on March 31st, 2007

This whole thing just confuses me….
I mean, there are (at least) 2 men who legitimatly believe they are the father…
Soooo, isn’t it in the CHILD’S best interest to take a paternity test (a whole 2 minutes) so that this can all be figured out.
Even if, say, the judge ruled that Stern should have custody because he’s had her thus far, maybe she’d like to know someday if he really is her birth father??
This just doesn’t seem like rocket science to me….take the test, decide the father, then let the custody battle begin.
But at least let the poor man know whether or not the kid is his!!!!

- keppa on March 31st, 2007

Even if Howard managed to keep custody of Dannielynn, when she grows up, she’ll learn all about this stuff. She’ll have the same questions and concerns as the rest of us. She can get a DNA test done then, and she will learn the truth about her father being Larry Birkhead. Then, she will ask Stern why he kept her from her real father. She will HATE him, trust me. People do not like to be kept from a biological father for no reason. Howard is CREEPY.

- JoJo on March 31st, 2007

I feel very sorry for Howard. He is definitely grasping at straws to hold on to his life with Nicole (and the way he probably thought it should have been). He really needs to come to terms with things and quickly. You can’t change the facts, no matter how hard you try. Life is what it is. I wholeheartedly believe that the baby is Larry’s because, well….she looks just like him. Even though Howard, and obviously Nicole, wish it wasn’t so, it isn’t appropriate or kind to keep a biological father from his child. Period.

- Stacie on April 1st, 2007

I saw a Dr.Keith Albow program,recorded before Anna’s death.He hade Vergie Arthur on.During the interveiw,Vergie said she believes in wiping kids with a belt,as the best form of disapline.She admited wiping Anna,as young as 5,and when Keith asked “”How many times?”" Her reply casually”"Oh I wiped Anna when she got out of hand,five slaps or so at a time”"I want Howard K Sterns lawyers to bring that interveiw to the court.That baby needs protection from that B”CH!!!!

- JAN CHEATUM on April 5th, 2007

i belive it was annas wish that the baby be brought up by howard stern…thats why she went to bahamas to get away from gold digger larry bighead….i think the baby should stay with howard…period..i dont care what the dna says that doesnt make a daddy.

- tammy on April 11th, 2007