"I told you so!" the late Playboy Playmate's former boyfriend said Tuesday upon emerging from a closed court hearing. He added: "My baby's going to be coming home pretty soon."
Birkhead, a 34-year-old California photographer, then hugged his rival, Howard K. Stern, who has been caring for baby Dannielynn since Smith's sudden death in February.
The hearing was a pivotal moment in the battle over who gets custody of the girl, who could inherit a fortune from the estate of Smith's late husband, J. Howard Marshall II. Although Birkhead is the father, Stern's name is on the birth certificate. Another custody hearing was scheduled for Friday.
Stern, who was Smith's lawyer and later became her companion, said he wouldn't fight for custody, but a lawyer for Smith's mother, Virgie Arthur, indicated she might. The judge scheduled another hearing for Friday to discuss who will raise the girl, who could inherit hundreds of millions of dollars.
Stern said he loved the baby despite the DNA results and would support Birkhead.
"I'm obviously very disappointed, but my feelings for Dannielynn have not changed."