[N]otwithstanding cultural biases and legal precedents that favor mothers and grandmothers in custody cases, I submit that, under these circumstances, if Birkhead were found to be the father, it would be in the best interest of the child to award him, not Anna Nicole’s estranged mother, Vergie Arthur, legal custody. [from “Resolving the legal mess Anna Nicole left behind”, The iPINIONS Journal, 29 March 2007]
As suspenseful reports go, today’s revelation that Larry Birkhead, not Howard K. Stern, fathered the late Anna Nicole’s “million-dollar” baby was, at best, anticlimactic – as my opening quote makes patently clear.
But, despite shameless efforts by American TV producers to manufacture drama to boost ratings, you could (and should) also infer from this quote that it’s only a matter of time before our Bahamian courts award Birkhead sole custody of his daughter.
Therefore, ignore the legal pundits who suggest that the judge will balance chauvinistic and parochial (i.e., cultural) prejudices that invariably favor granting guardianship to a grandmother instead of the biological father. Because that’s utter rubbish. More to the point, however, there is no evidence to suggest that Birkhead would be an unfit parent; whereas, there is relevant evidence, including Anna Nicole’s own damning (even if drug-induced) words and the documented troubles of her other children, to suggest that Mrs Arthur would not be a very fit parent at all.
Moreover, the suggestion that Mrs Arthur might be favored because she has set up an expedient home in The Bahamas insults the intelligence of Bahamian authorities almost as much as it betrays the ignorance of the person making this suggestion. However, for the record, The Bahamas has no long-term interest in Dannielynn. She’s not a Bahamian citizen, notwithstanding ostensibly-informed assertions to the contrary. In fact, she’s a U.S. citizen. And can only become a Bahamian citizen by taking prescribed legal steps once she’s 18 years old.
Meanwhile, as soon as Birkhead obtains a passport for her from the local U.S. consulate, he and she will be free to leave The Bahamas for California, without any legal obligation to ever return. But I admonish Birkhead to make no deals with Stern and keep him as far away as physically possible (and by a court-ordered TRO if necessary). Because his mercenary interest in Dannielynn is not only unseemly; it’s potentially dangerous (displaying as he has the homicidal pathology of women who cut the fetuses from the wombs of other women, and then fancy themselves birth mothers). Indeed, who, but a psychopath, would hold a little child hostage in the open and notorious way that he has, and then have the balls to show up at a paternity hearing – with as much public interest as this one has generated – knowing full well that there’s no way he could be the Daddy?!
So, simmer down folks. Legal cases in The Bahamas proceed with proper judicial speed, not according to the whimsical dictates of American TV producers. But as I said sometime ago, this should all be over by the end of April….
NOTE: I imagine a few enquiring minds would like to know what has or will become of Anna Nicole’s alleged Last Will and Testament, which Stern presented in evidence in the Florida court to assert his authority – as executor – to have her buried in Nassau. But whatever its validity and provisions, it will never be probated in The Bahamas. And this is so because it was not drafted there and nothing in Anna Nicole’s estate, such as might exist, is situated in The Bahamas….
The Will was drafted in California and it will be probated there. But I would not be at all surprised if Stern accepts a nuisance pay off from Birkhead to forfeit any role in settling Anna Nicole’s estate. After all, Stern knows that if he ever shows his face in any California court, it would be to face summary disbarment.
Related Articles:
Resolving the legal mess Anna Nicole left behind
Howard K. Stern’s ominous behaviour
*Article published originally yesterday at 3:41 pm
Anna Nicole baby paternity
the truth and nothing but says
I agree that Howard K. Stern always knew he was not the father of Dannielynn. Too many facts to support that he knew he was never in the running-biggest one-if he was he would have no doubt purchased a DNA kit himself and found out he was not the father before going on the birth certificate and before going on the Larry King Live show and proclaiming he was. His parents never saw the baby until after Anna died-5 months later and I doubt they would have come any sooner than this if Anna had not died. Anna in her own words also stated while pregnant that she was alone and no one was happy she was pregnant-after Larry was kicked out of her life- I think that this was in direct reference to HKS as not being happy she was pregnant with Larry’s child. As well he would never under oath state he was the biological father-only the legal father as shown on the B.C. I think that Howard should be found guilty of fraudulently keeping Larry from knowing he was the father by his direct actions-not Anna’s-as he appeared on the LKL show without Anna.
Margaret Tudor says
I first was led to the interesting and informative-and yes entertaining-articles by you Mr. Hall when the Anna Nicole Smith saga began-some Court Tv fans posted a link to your site quite often-and I was wondering over two years later-what is your view on the recent arrests of Howard K. Stern and Anna’s doctors Kapoor and Ersovitch? Marg Tudor
Anthony L. Hall says
I appreciate the question Marg. In fact, because Anna Nicole died in the US, I fully expected Stern and the doctors to be arrested. The probable cause is that the drugs they supplied were the proximate cause of her death … not to mention Stern’s apparent negligence. Accordingly I regret that Bahamian authorities did not arrest Stern (over whom they had personal jurisdiction) on similar charges related to the death of Anna Nicole’s son. Their failure to do so is as troubling to me as it is shameful.