What Happens Now To Dannielynn Smith?

Anna Nicole Smith?s tragic passing comes on the eve of a new battle brewing over her daughter Dannielynn, a point first raised by Access Hollywood?s Tony Potts during an appearance on MSNBC Thursday morning.

?One of the things I?m still wondering?is where?s the baby?,? Potts asked. ?Is the little one OK? Who?s taking care of the little one? I remember when Kurt Cobain died. I remember wondering, ?Where is his daughter?? For this little baby ? she?s lost a brother who she never knew?and now she?s lost her mother. I think the tragedy in all of this is the fact that this little baby doesn?t have a mother now. That?s pretty tough.”


CLICK HERE to watch Access’ Tony Potts on MSNBC


And now, a new development has emerged. Last night, Fox News reported Larry Birkhead, a former boyfriend of the model was planning to file an emergency petition in courtFriday morning to obtain a DNA test from the body of the deceased model before her remains are released to her family.

Birkhead is currently involved in a family court battle over custody of baby Dannielynn. He claims he is the father while Smith?s former lawyer, Howard K. Stern, whom she married in a ceremony in Nassau, Bahamas is listed on the birth certificate.

“Now it’s time to put up or shut up,” Opri told Fox News. “This is despicable what’s been happening, and it’s got to end. Anna Nicole Smith is dead at the age of 39 because of a lifestyle. I do not want that child anywhere near [Smith’s husband] Howard K. Stern, and that’s all I’m going to say about it.”
Video: Court TV’s Lisa Blooom On Smith’s Death

Smith?s attorney Ron Rale however told Access Hollywood Friday morning the filing was unnecessary as Anna Nicole?s DNA would be irrelevant to a case over who the baby?s father is, branding his move ?despicable.?

?From a legal standpoint it?s not really necessary,? he said. ?It?s something the court could order and has ordered. I don?t think it?s necessary at this point and from a personal standpoint I think it?s despicable.?

As custody over the little girl ensues, legal analyst Royal Oaks tells Access Hollywood that before anyone can fight for custody of the baby, jurisdiction between the U.S. and the Bahamas must be decided.

?Someone has to take charge,? Oaks said.

Following that decision, even if Birkhead gets his DNA test and is proven to be the biological father, it is not a clear shot to custody, the analyst told Access.

“It’s what’s in the best interest of the child that really matters,? the analyst said. ?What Anna Nicole wanted could be a factor, plus the fact that the child has been in the custody of Howard K. Stern.

Attorney Joe Mannis, a family law attorney disagrees. He tells Access that while Stern has the ?leg up? at the minute, DNA will be very important. ?Anna Nicole?s death changes nothing in that regard,? he said.

Though Stern?s name is on the birth certificate that is not a legal presumption the judge can follow he added.

Mannis says that if a DNA test is taken, it will be sent to more than one lab to ensure accuracy. When the results come back, for one of the men, it will be ?game over? he noted. Whoever it matches, Mannis said, will get sole custody.
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