03/20/2007 AT 8:00 PM ET
A Bahamas Supreme Court judge has urged Howard K. Stern to submit Anna Nicole Smith’s daughter to DNA testing to determine her father.
Justice Stephen Isaacs’s directive Tuesday does not carry the force of an outright order, and Stern can still appeal, a high-ranking official who asked not to be identified tells PEOPLE.
But Stern’s American-based lawyer, James Neavitt, tells PEOPLE: “We will do whatever the court wants and he will comply with any orders.” He adds that Stern “is concerned about getting things over with and getting this behind him.”
Smith’s former boyfriend, Larry Birkhead, who claims to be the father of 6-month-old Dannielynn, said as he left the Nassau courtroom, “It was a good day for me.”
Birkhead, Stern and Smith’s mother Virgie Arthur were in court to resume their battle for guardianship of the infant, currently in Stern’s care in the Bahamas.
Smith died Feb. 8 of unknown causes, throwing into chaos a fight over potentially tens of millions of dollars in inheritance from Smith’s late oil-tycoon husband.
Her son, Daniel, 20, died Sept. 10 in the Nassau hospital room he shared with Stern and Smith, just three days after Dannielynn was born.
With reporting by HOWARD BREUER and SIOBHAN MORRISSEY