Battle for Dannielynn

This is a partial transcript from "On the Record," April 9, 2007, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: No matter what happens in a matter of hours in a Bahamas court, Virgie Arthur, Anna Nicole's mother, has her contingency plans, as well. Joining us live is Virgie Arthur's attorney, John O'Quinn. John, so what are your client's contingency plans in the event that Howard's the father, Larry's the father or neither is determined to be the father?

JOHN O'QUINN, ATTORNEY FOR VIRGIE ARTHUR: The grandmother — Virgie is the grandmother of this baby. Her plans are to follow the law, section 14 of the family code, which provides very plainly if Larry Birkhead is not the father and Stern is not the father, which he obviously isn't because he's already conceding he's not the father because he thinks Birkhead is the father — all these agreements that are going back and forth. By law, she goes with the blood kin, the grandmother. A lot of people been raised by their grandmother. They (INAUDIBLE) very good job. Now, if Birkhead is found to be the father, then, of course, that has to be respected and will be respected. And Virgie would ask that she be allowed to be involved in the — with the child (INAUDIBLE) The grandparents cannot have visitation with their grandchildren.

VAN SUSTEREN: All right. Now, let me just stop you there. You say Howard K. Stern has already conceded or admitted he's not the father. I don't see it that way. I think that the only thing that's been done is that he said that he would make a smooth transition and work with Larry Birkhead, if Larry is determined to be the father.

O'QUINN: Wait, wait, wait. Just look at the common sense. Are you saying that Howard Stern may be the father, and knowing that, he would abandon his daughter...

VAN SUSTEREN: I think you're being a little dramatic...

O'QUINN: ... to someone who's not the father? He's already...

VAN SUSTEREN: No, I think you're being a little dramatic on this. What I'm saying is, is that according to what Harvey Levin has report on, is that — is that in the event that Howard is not the biological father, that he has agreed to make the transition to Larry, if Larry's the biological father. I read it no further than that.

O'QUINN: Well, the common sense is only one person is going to be the father of any baby, including this baby, and Stern's more or less said if Birkhead's proven to be the father — well, if Stern knew he was the father, he would never make that silly statement. He'd say, No, this is my child and I'm going to raise it. So Stern has acknowledged what he's always acknowledged, he's not the father. His name may be on the birth certificate, but he did not give the sperm that created this child.

VAN SUSTEREN: All right. We got 30 seconds left. Your client is in — I take it, in the Bahamas and she'll be there tomorrow?

O'QUINN: Definitely, she'll be there. And as has been said, the purpose of tomorrow is simply to determine if Birkhead is the father, and depending on that determination, which we all are in the dark about how that's going to turn out for sure, then we go to the next issue about who should have custody and should it be joint custody, single custody, what visitation rights should various people have, and things of that nature.

VAN SUSTEREN: All right. Well, it should be very interesting tomorrow, to say the least. John, thank you, as always.

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