Birkhead, who has been fighting a paternity battle with Smith over her baby daughter Dannielynn since late last year, told WENN, "I just can't talk," after hearing his former lover had died in a Florida hospital.
And now he's put his thoughts and feelings into a final love note and posted it on his Web site LarryBirkhead.net.
The photographer writes, "Chance brought us together, our love couldn't keep us apart. We loved, we laughed, we shared a connection that couldn't be broken, regardless of the challenges.
"I loved her in life and I will love her long after."
Birkhead, who is now seeking an emergency paternity order so he can take custody of the baby he claims is his biological daughter, references little Dannielynn in his touching poem.
He adds, "Our daughter, Dannielynn, is a constant reminder of the love we shared and the life that we desired. My heart is broken, my tears are endless. She (Smith) called me her angel, I called her my sweet potato, and every night before we went to sleep, she made me say to her... 'Goodnight My Sweet Anna
An emergency court hearing is scheduled for today to determine whether a court-ordered DNA sample will be taken from Smith's body to help determine the biological father of the child.
Anna Nicole's Family Back Birkhead's Paternity Suit
Anna Nicole Smith's family is backing photographer Larry Birkhead's bid to prove he's the biological father of the tragic model's baby girl--because they can't bear the idea of the tot being raised by her partner Howard K. Stern.
Smith's mother, Virgie Arthur, and her sister Donna Hogan were left devastated by the news Smith, 39, had died in Florida yesterday and now they can only hope that Birkhead wins his paternity battle and takes custody of baby Dannielynn.
Speaking by phone on CNN show Larry King Live last night, Hogan said, "I'm going to make sure Howard K. Stern does not raise her (Dannielynn). I do not believe he is the father and I don't believe that he's capable of raising her.
"I'm hoping that Larry Birkhead gets a chance to prove if he's the father or not. And if he is, then I'll stand beside him on that. If not, then, yes, we need to step in."
Hogan stated she holds Stern responsible for the deaths of her sister and nephew, Daniel, who died of a lethal overdose last September.
She added, "Don't even get me started on that man... I don't have really good feelings about him right now.
"I have two family members that have died in his life just recently and it's like he just stood by and let it happen."
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