The title, “More fathers are getting custody but Larry Birkhead might not be one of them,” although catchy should be clarified. It is important to note that the father of Anna Nicole Smith’s young daughter, Dannielynn, has still not been determined by a paternity test. Photographer and ex-boyfriend, Larry Birkhead, claims to be the father as does Smith’s attorney/boyfriend Howard K. Stern. In the article “Anna Nicole dispute shows system’s flaws” by family law attorney Jeffrey M. Leving and columnist Glenn Sacks, a common legal maneuver used to win chlid custody cases involving paternity and adoption is pointed out. Namely, delay tactics to stall paternity (or the establishment of fatherhood) in order to establish an in fact arrangement with the person who has possession of the child. The possession factor often wins out in child custody cases as it can become a child custody dispute between the psychological parent vs. biological parent. Leving and Sacks article states, “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.” The possession factor and in fact child custody arrangement factor as it relates to child custody determinations is covered in my eBook, How to Win Child Custody.

The Anna Nicole Smith paternity case and the issues that can arise between the “psychological parent” and biological parent raises another important question about what a stepparent needs to do in a custody battle to be discussed in a separate posting. Regardless of whether you are the psychological parent or biological parent in a child custody dispute you will want to consult an attorney to help you learn where you stand legally and what your legally options are.