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A California judge withdrew a request by Larry Birkhead to put a 10-day hold on Anna Nicole Smith's body.

The hold was sought last week by attorney Debra Opri, who represents Birkhead, a former boyfriend of Smith who also claims he is the father of the child. Opri said DNA was needed to connect Smith with Dannielynn so no one could switch the babies.

Judge Robert A. Schnider made his ruling in a closed hearing after the request by attorney Ron Rale, an attorney for Smith.

Wednesday's ruling in Los Angeles came just hours after a Florida judge granted the request to hold Smith's body for DNA testing. Now the Florida courts will have to decide who will get Smith's remains.

"Hopefully the Florida courts are going to administer justice the same way the California courts did," said Rale said in a press conference.

Smith's companion, Howard K. Stern, has said he wants the body to be released to him so he can follow her wishes to be buried next to her son Daniel in the Bahamas. But Smith's estranged mother, Virgie Arthur, has hired counsel and wants to gain possession of Smith's remains.

"I am imploring Virgie to back off on this issue to the extent she thinks she's going to obtain the body of Anna Nicole," said Rale. "You know that certainly Virgie, the purported mother of Anna Nicole is not somebody Anna Nicole held in high esteem. I'm not going to talk to Virgie directly because I understand she has counsel now. We all know that Anna Nicole would not want Virgie to have control of her body."

Rale went on to say that chief medical examiner Dr. Joshua Perper won't release the body without a court order. But Perper is concerned that it's taking too long to make a decision.

"Nicole has been there already five days and any further delay will effect proper embalming," he says.

He warns in an affidavit that Smith's body is decomposing and "any further delay would result in destructive changes."