Reality TV star Anna Nicole Smith's ex-boyfriend's paternity suit will go forward, now that a judge has denied Smith's request for a delay in the proceedings.
The hearing will take place at 11:30 a.m. ET in Los Angeles Superior Court, and Birkhead and his attorney Debra Opri will be present.
In October, Birkhead filed a second lawsuit against the former Playboy Playmate, this time alleging fraud and conspiracy. He had earlier filed a lawsuit in Los Angeles seeking a court order to demand Smith, who is currently living in the Bahamas, bring the baby to California for a paternity test.
In the second lawsuit, Birkhead alleges Smith provided fraudulent information when applying for her daughter's birth certificate in the Bahamas. Smith identified her current boyfriend and lawyer, Howard K. Stern, as the father.
The lawsuit asks that Stern's name be deleted from the girl's birth certificate and replaced with Birkhead's.
"I am the father of Dannielynn and I think this is ... a crime," Birkhead said in October. "I expect to be reunited with my daughter with the help of my attorneys."
Smith's daughter was born Sept. 7. Three days later, Smith's 20-year-old son, Daniel, died while visiting her in a Nassau hospital.
The Associated Press contributed to this report.