Anna Nicole Smith’s mother Virgie Arthur is contesting Judge Larry Seidlin’s decision for Anna Nicole to be buried in the Bahamas, next to her son Daniel Smith.

Virgie filed the emergency request on Friday after Seidlin’s verdict on Thursday, asking the judge to reconsider his decision.

Anna Nicole is expected to be buried in Nassau this week, although Anna Nicole’s daughter Dannielynn’s court-appointed guardian Richard C Milstein has said it will not be before Tuesday. Milstein is in charge of arranging the funeral on behalf of Dannielynn.

A second judge, Judge Lawrence Korda, ruled on Friday that the paternity dispute and custody case over Dannielynn would be decided in the Bahamas. Larry Birkhead started his paternity challenge in California and Seidlin’s Florida court was initially expected to make a call over custody but now Judge Korda has said that neither US state has jurisdiction over the Bahamian-born baby: “This child is in the Bahamas. The jurisdiction is in the Bahamas.”

The proceedings are expected to be go back to court in Nassau on Monday.

After the ruling was made, Larry Birkhead told reporters that the change of location will not stop his fight for the five month old baby: “I’ll go anywhere I have to.”