Lawyers for the man who claims he fathered Smith's baby say the ex-model has "taken" his daughter

Attorneys for Larry Birkhead, the photographer who filed a paternity lawsuit claiming he’s the father of Anna Nicole Smith’s infant daughter Dannielynn on Monday, pleaded his case to a Los Angeles judge Wednesday morning.

The 35-minute hearing was held privately in the chambers of Los Angeles Superior Court Judge Gretchen N. Taylor, and details were not released. However, Birkhead’s lawyer Debra Opri said on Tuesday that she would request that Smith and her child return to California for DNA testing, and that the baby tested for drugs.

“(Birkhead) wants to find out if (Dannielynn) has drugs in her system,” Opri tells PEOPLE in its upcoming issue. “He’s very concerned about the presence of drugs in the home.”

In a press conference after the hearing on Wednesday Opri would not reveal what happened in court, but said that Judge Taylor had continued the hearing to Oct. 26.

Being in the Bahamas protects Smith from having to respond to a suit filed in California, so long as she stays out of the state.

Opri, however, did tell reporters, “Anna Nicole Smith knows what it’s like to be a parent, to love a child and to lose that child. Anna Nicole Smith has now taken Larry Birkhead’s baby girl, his daughter.”

Opri also said that Smith had denied being served legal papers. “She now seeks to challenge that service, as well as the jurisdiction of this state, where both she and Mr. Birkhead conceived their little girl, and where she still maintains a residence,” said Opri. “Anna Nicole Smith knows that it is Larry Birkhead, and not Howard Stern, with whom she conceived this child.”

Last week Smith held a commitment ceremony with her attorney, Howard K. Stern, who has said that he is the baby girl’s father.

Stern’s former law partner, Ron Rale, who was in court Wednesday representing Smith, chastised Opri for speaking to the press.

“Whatever she said is not testimony, it should not even be spoken in public,” Rale told reporters after the hearing. “She shouldn’t be talking to Anna Nicole through the press. She should be talking to her through counsel. We want to honor the dignity of the court and the dignity of Anna Nicole as a mother who is grieving right now.”

Smith’s 20-year-old son Daniel died of a lethal combination of Zoloft, the prescription painkiller methadone and the antidepressant Lexapro last month.