Posted on 03/14/2007 11:08:35 AM PDT by PercivalWalks
Behind the Anna Nicole Smith circus lies an important truth about fathers’ rights. The long line of opportunistic men who have lined up to be Smith’s baby’s dad since Smith’s death has diverted attention from the case’s key fact: photographer Larry Birkhead, Smith’s ex-boyfriend, has a legitimate claim to paternity. He has been thwarted for several months by the same legal maneuvers which are often employed to separate fathers from their children.
Long before Smith died and her estate became an issue, Birkhead had filed for a DNA test to determine the paternity of Smith’s baby. In December he told the Associated Press, “I am the father of Dannielynn and I think this is…a crime. I expect to be reunited with my daughter.” Birkhead says he and Smith had picked out baby names, shopped for items for the baby, and had put their thumb prints in a baby book as the child’s parents. Nevertheless, the baby has lived at the home of Smith and her attorney/boyfriend Howard K. Stern in the Bahamas since birth.
Rather than allow the DNA test, Smith and Stern apparently decided to use a common ploy in paternity cases—they stalled. If the DNA test is delayed long enough, by the time biological paternity is established the judge deciding custody will likely decide that Stern is the baby’s “psychological parent.”
Judges are understandably reluctant to remove infants from the care of the only parent or parents they’ve known, regardless of actual paternity. Stern is many things, but he isn’t stupid. He knows that in child custody cases the baby is like the football in a football game—whoever has possession is in control.
This tactic is frequently employed in adoption cases. For example, in the highly-publicized Huddleston case in Albuquerque, New Mexico, Mark Huddleston’s baby boy was adopted out when he was three days old, but Huddleston didn’t know the baby existed until two months after his birth. A New Mexico court later found that the private adoption agency hadn’t properly notified Huddleston, and had needed to get Huddleston’s permission before giving his son away.
Nonetheless, the stall tactic worked–by the time the case was finally legally adjudicated, the boy had been with his adoptive parents for over a year, and the judge ruled it was in the child’s best interests to remain with them.
Time is running out for Birkhead—Dannielynn is already over five months old, and once a baby reaches six months it is quite possible to get judges to rule in favor of the “psychological parent,” rather than the biological one. After a year it becomes practically a slam dunk. If Stern is like most litigants in this situation, he probably already has a mental health professional or two on tap to testify in court as to his bond with the baby. He probably also has extensive video tapes documenting his interactions with the girl.
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. When these orders are flouted, as they often are, judges must be willing to give their orders teeth by meting out punishments for contempt of court. Moreover, most fathers do not have the legal resources to fight long legal battles—courts must be proactive in resolving paternity claims quickly and correctly.
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.
This column appeared in the Chicago Sun-Times.
Jeffery M. Leving is one of America’s most prominent family law attorneys. Glenn Sacks’ columns on men’s and fathers’ issues have appeared in dozens of the largest newspapers in the United States.
I have my concerns with Birkhead too. I wonder if he would have been fighting so hard to get this baby without the money involved?!! I wonder if the baby is either of these 2 guys. Sounds like ANS was one busy lady as far as men were concerned! Looking at the baby it's hard to tell if she has features that stand out to tell between these 2 guys.
There are too many lawyers in America. Now you can't even bury a person without duelling lawsuits. It is insane.
If any of you are unaware of this thread (#2 The Investigation) (#1 had over 25k posts and 300k views).
http://www.freerepublic.com/focus/f-chat/1798451/posts
Take a look - very interesting time lines and links.
sp
ANY INVESTIGATION SHOULD INCLUDE THE FOLLOWING:
The death of a son - about to reach his majority (age 21)of undetermined manner and cause. Could be homicide.
The birth of a daughter - whose paternity and custody is in question - who may also have been born addicted to illegally obtained prescription drugs.
The premature, undetermined death of the infant's mother -could be homicide, suicide or misadventure.
Conspiracy to access a $1.6billion estate and eliminate per stirpes heirs.
Conspiracy by lawyers and foreign government officials to circumvent immigration laws for fraudulent purposes.
Intent to defraud owners of real property and real estate.
Illegal transportation of prescription drugs, by interstate and international waters.
Potential kidnapping of a US citizen.
Illegal disposition/seizure, by an officer of the court, of the remains of a US citizen in contravention of State Law (Florida)
Creation and presentation of fraudulent documents to avoid parental and custodial rights.
National media villification, defamation and causing pain and suffering to the biological mother and other blood next-of-kin of the decedent, for gain and profit.
IT IS EXPECTED THAT THE RIGHTS AND PROTECTION OF A MINOR US CITIZEN, BEING HELD HOSTAGE IN A FOREIGN COUNTRY, BY UNRELATED PERSONS, BE IMMEDIATELY REMOVED TO THE UNITED STATES AND EXAMINED TO DETERMINE HER PARENTAGE AND HEALTH STATUS.
The fact that Stern refuses to take a DNA/paternity test leads me to believe that Birkhead is the biological father.
In addition, if that turns out to be true then it could backfire on Birkhead.
If tests prove that Birkhead is the father then it could turn out that Birkhead will wind up having to pay Stern child support because Stern is listed on the birth certificate.
I believe that would drive Birkhead insane.
"""""If tests prove that Birkhead is the father then it could turn out that Birkhead will wind up having to pay Stern child support because Stern is listed on the birth certificate."""""
__________________________________________________________
Stern completed and signed the birth certificate - Birkhead can claim fraudulent/malicious intent to deprive him of parental rights.
"""""If tests prove that Birkhead is the father then it could turn out that Birkhead will wind up having to pay Stern child support because Stern is listed on the birth certificate."""""
__________________________________________________________
Stern completed and signed the birth certificate - Birkhead can claim fraudulent/malicious intent to deprive him of parental rights.
Agree!
I add that Stern simply wanted Anna for the money and isolated her so he could drug both of them and collect on the estate and insurance money.
There was a day when I would have laughed at that theory, nmh.
Not anymore.
Stern is a cold hearted monster addicted to money.
Stern is a cold hearted monster addicted to money.
Unfortunately she had the morals of an alley cat in heat while in a drug haze. She was surrounded by enablers and isolated from people who genuinely cared about her. It could happen to anyone and does.
Not idf they prove Stern had a hand in Anna's death which I strongly believe he did.
IKt's crazy out there.
Dad stabbing their own baby in the back ... molesting their own kids ... awful.
"I would think a stronger statement would be from her to third parties stating that he was the father."
That occurred. Forget who."
She stated it to th3e world: She put Stern on the birth Certificate as the father. I believe in Bahamas that makes him the father.
I don't think a single person would be coming forward if it weren't for the money from Marshall's estate hanging in the balance.
The real problem is that ANS was a complete tramp who slept with more men than some of the girls working at the Mustang Ranch.
She had a long-standing drug problem, and I really don't believe that it would have mattered who was living with her. She had become an expert at obtaining drugs from a number of sources of her own. There are some people in the entertainment industry whose sole reason for existance is to provide illicit items for others. It is a much bigger problem than the public knows.
The part that struck me was watching the "mother" of ANS with all of her antics at the hearings, at the funeral, the grave, etc. Apples don't fall far from the tree. This woman is crazy as a crap house mouse. No wonder ANS didn't want anything more to do with her. I hope for one thing that she never succeeds in moving bodies to Texas. If nothing else, I think we know that ANS did NOT want that.
"No wonder ANS didn't want anything more to do with her. I hope for one thing that she never succeeds in moving bodies to Texas. If nothing else, I think we know that ANS did NOT want that."
No, we don't know that. Mothers and daughters can have volatile relationships when there is a third party involved. Believe me.
The fact that Stern refuses to take a DNA/paternity test leads me to believe that Birkhead is the biological father.
In addition, if that turns out to be true then it could backfire on Birkhead.
If tests prove that Birkhead is the father then it could turn out that Birkhead will wind up having to pay Stern child support because Stern is listed on the birth certificate.
I believe that would drive Birkhead insane."
Don't forget the other flu in the ointment:
Stern is the legal executor of ANS estate. He has complete control of the money and by law is charged with providing for the baby and controlling the assets of the estate.
Only in America: Here we have a plethora of men coming forward claiming to be the father of this baby and Maury Povich has built a fortune with a show where women have been even more of a tramp and multitudes are trying to avoid being named a father!!!! One "mother" on that show has had 12 DNA tests, and the kid is 5 y/o and she still doesn't know who the father is. Astounding!!
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