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It’s Larry Birkhead’s baby – and he’ll file for sole custody of her if he wants to.

After almost two weeks of relative calm in the custody battle over Anna Nicole Smith’s daughter, Dannielynn, the case is back in court.

Birkhead filed a petition in probate court yesterday to be appointed as the sole guardian of the Estate of 8 month-old Dannielynn Marshall Birkhead. The man who triumphed over Howard K. Stern asks the court to name him as guardian “in order to represent his daughter’s interest in the probate proceedings for the Estate of Vickie Lynn Marshall, aka Anna Nicole Smith.”

Dannielynn Birkhead Kentucky Derby Pic

Birkhead’s hearing is set for June 19.

Meanwhile, according to Smith’s will, Stern has been named special administrator as well as executor of her estate. Smith’s personal attorney Ron Rale was named second executor.

There’s no word on the role Willa Ford will play in all this yet.

The will, which Smith signed and dated on July 30th, 2001, before Dannielynn’s birth and son Daniel’s death, lists her sole child as Daniel Wayne Smith. It will directs that all of Smith’s property, after the payment of taxes, be distributed to Stern, who will hold it in a trust for her child, Daniel.

Of course, we all know that tragically happened there.

In other unfortunate news, Larry Birkhead, who arrived in the states with Dannielynn on May 1, should prepare for a challenge to his request for guardianship from Anna Nicole Smith’s mother, Virgie Arthur.

She’s competing with Candy Spelling and Dina Lohan for worst mother in the world.