LATEST: Photographer LARRY BIRKHEAD's ongoing custody battle with VIRGIE ARTHUR has been postponed after the judge fell ill. Birkhead has been battling for full custody of Anna Nicole Smith's daughter DANNIELYNN ever since he was named the child's biological father in April (07). However, his efforts have been thwarted by Smith's estranged mother, who continues to challenge his residence with the tot in the U.S. - despite losing a recent appeal to prevent Dannielynn leaving the Bahamas with him. Birkhead told U.S. talk show host Larry King last night (12Jun07), "I have to go back (to the Bahamas). We were supposed to be in court on I believe it was June the 9th or 8th. And the judge had an illness so they had to reschedule it. So that should be back on the books probably in July. "She (Arthur) has already been told by a higher court that this is a waste of time. And, you know, if she wants to be a grandmother, I've told her before this before... bring the cookies over and whatever, come over, call. "I'm the father and nobody should have the right to take my child that I fought so hard to know away from me."