Florida judge says Larry Birkhead has to wait for California ruling
Florida family court Judge Lawrence Korda said that he can’t decide whether a DNA sample may be taken from Anna Nicole Smith‘s daughter Dannielynn to see if Larry Birkhead is her biological father because he doesn’t have jurisdiction. Los Angeles County Superior Court Judge Robert Schneider will be making the decision on whether a DNA test may be performed.
The Florida judge ordered a DNA sample to be taken from Anna’s body prior to burial for future potential testing. He also said, somewhat confusingly, that is it "conceivable" by Florida law for Dannielynn to have two fathers. Huh?
Many people are asking what’s so difficult about performing this test that they won’t allow it to be take place. It has nothing to do with actually performing the test. It’s a fairly routine procedure- after all, they’re doing it on CSI all the time, right? It’s also physically non-invasive- just swab the inside of the cheek (test kit pictured above). The overriding issue is Dannielynn’s current guardian’s desire to have the test performed. So the question is – why does Howard not want to have the test performed? The most obvious answer is that Howard knows he isn’t Dannielynn’s biological father and in refusing to consent to the test, he secures his position as her guardian.
TMZ’s sources tell them that Howard will cooperate if the price is right. He wants the boat and house that Anna bought before her death (not where he is staying now). He would also get control of Dannielynn’s inheritance (which includes all of Anna’s assets).
In respect to the disposition of her mother’s body, Richard Milstein was a guardian ad litem, appointed to represent the interests of Dannielynn with respect to a single action. He can’t make the decision in other actions. She will likely be assigned another in California, but it doesn’t appear that the person will be able to make the decision outside of a court.