Ms. Smith shows her strong interest in getting her money, to the extent she has dared to return to California where the paternity case is being heard and allowing herself to be personally served by her ex-boyfriend.
The judge in this case , Robert A. Schnider, is a no nonsense judge who understands that children need their fathers as much as their mothers. If there are any facts to support a DNA test, Judge Schnider will order it. I have appeared before Judge Schnider on many occasions and can tell you that he is not going to allow Ms. Smith to keep frustrating contact between the child and her father.
I find it interesting whenever someone like Ms. Smith contests DNA testing. The test only costs about $150 and is relatively non-invasive. Ms. Smith must know that the Mr. Birkhead is the father of the child, otherwise the DNA testing would have been done a long time ago to rule him out.
As far as drug testing is concerned, the court will not rule on this issue until DNA tests establish that Mr. Birkhead is the father. However, if and when this is established, Ms. Smith is going to have problems, since the court will order drug testing in a case like this, and can possibly alter custody based on Ms. Smith's continuous abuse of drugs.