Family Law

Lessons From Anna Nicole Smith

The below news article answers some questions about custody, visitation, and child support. The article describes Birkhead as seeking visitation with his alleged daughter. Why does he want to establish these rights? Well, it is possible he is goverend by a paternal instinct, but more likely the scenario is this: If he establishes paternity, he then can seek some form of custody with visitation. Because the child support calcualtions factor in the amount of time as a component, even with a small time with the child, Birkhead could receive child support if he earns very little and Smith earns a lot. For example, if Smith earns $1,000,000 per year and Birkhead nothing, Smith may recieve as much as $500 per month in support even if he spends ony 5% of the time with the child. If he were able to spend 50% that number could be as high as $8,000 per month.

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LA Court Orders Paternity Test For Anna Nicole Smith's Daughter
December 22, 2006 4:29 p.m. EST
Shaveta Bansal - All Headline News Staff Writer

Los Angeles, CA (AHN) - A Los Angeles court has reportedly ordered a paternity test for three-month-old daughter of former reality TV star and Playboy playmate Anna Nicole Smith. Larry Birkhead - who claims to be the father - had filed a lawsuit demanding Smith and her daughter return to California for the test.

"Los Angeles Superior Court has ruled today that Anna Nicole Smith and 3-month-old baby daughter Dannielynn are ordered to submit to paternity testing," Birkhead's publicist says.

Anna was served the court papers in October after Birkhead claimed to be the father of Dannielynn Hope Marshall Stern and complained that she had cut off contact with him.

Dannielynn was born in September in the Bahamas. The birth certificate lists attorney Howard K. Stern as Dannielynn's father.

If Birkhead is confirmed to be the father, he could receive visitation or custody rights and possibly a large amount of child support.

Smith is currently battling for a share of the fortune left by her late husband and Texas oil tycoon J. Howard Marshall II. Smith married Marshall in 1994, when she was 26 and he was 89. He died the following year.

From San Francisco Family Law Blog posted 2006-12-22.