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Halle Berry's Ex to Judge: I'm The Daddy!

1/18/2011 5:10 PM PST BY TMZ STAFF

Halle Berry's ex-boyfriend Gabriel Aubry has filed legal documents asking a judge to officially declare him the daddy of 2-year-old Nahla.

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TMZ has learned Gabriel Aubry filed a paternity petition on December 30, 2010.

Here's what we know.  Sources say Gabriel was afraid things were going to get rocky in establishing who gets to spend time with the 2-year-old, so he wanted to protect his rights.

Turns out ... we're told whatever differences Halle and Gabriel have ... they've been pretty much worked out.

Our sources say the former couple has not filed for child custody, visitation or support and they don't plan to file -- they have an arrangement they worked out between the two of them and don't feel the need to go to court.

One source told TMZ ... on a scale of 1 to 10, with 10 being nuclear war ... Halle and Gabriel are a 2.


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48 COMMENTS

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16.

Jane    

Good for him. He is making sure legally he has rights to his daughter, especially since he and Halle never married. I would assume it is especially important if something were to happen to Halle or she wanted to live far away making it hard for him to see his daughter.

I have seen couples do exactly what they are doing, going along with an informal arrangement about the kid(s) and it works for a while. Then, as time goes by, things start to change and one or the other parent starts taking advantage of the situation. There is always the exception to the rule but I have never seen an informal child custody arrangement work long without problems.

Halle should thank her lucky stars that her daughter's father is so involved and wants to be with his little girl. There are so many dads who hardly know their kids.

1283 days ago
17.

SaraBellum    

Can't keep a man? LOL

Why would anyone woman try to keep a man she doesn't want?

1283 days ago
18.

jpierce26    

Ummmm.....I don't think it is child support that she needs, but he may want to cover himself as far as visitation. I don't know how California does things, but here in Oklahoma if you are married and have a baby, your husband is automatically put on the birth certificate. If you are not married, you must put in the bio father's name on the certificate and if he is present he must sign. Did he not sign the papers at her birth? Wan't he there?

1283 days ago
19.

Polly    

I agree with #21 -- he is probably just making sure his parental rights are acknowledged so he maintains the rights to see his daughter. It doesn't sound like anyone is asking for money or fighting for visitation. Just two people going about their business, and TMZ happens to get the picture. The little girl is lucky to have a dad who wants to be involved in her life.

1283 days ago
20.

LWC    

WTF, total bs on Aubry's part. Sounds like he's up to something. Formality since they're not married?

Probably wants more money out of Halle, like he hasn't already bilked her out of millions over the the last 5 years.

Well, according to Nahla's birth certificate posted in an earlier article on tmz.com, Gabriel is listed on Nahla's birth certificate.http://www.aolcdn.com/tmz_do***ents/0714_gabrielle_halle.pdf

See for yourself. So, why would he pull this move if he's already on the do***ent? If for formality, who knows?

If done for all the wrong reasons like his joke of a publicity stunt with Kim Kardashian backfired on him, so will this.

Who knows if she's a bitch or really whacked? If he's been denied visitation for any reason, I am sure Halle has a good reason. Maybe he really is gay or bisexual-just kidding.

Also, seriously doubt Halle isn't that stupid to risk her fake relationship/publicity stunt with Olivier Martinez over losing Nahla. She has been more discreet the last few months. Like he's really threatened by Olivier, please! He probably won't be around after Oscar/award season or after their movie comes out. It's not like she's going to marry the guy. He's probably not even around the kid much.

@Michelle-both David & Eric cheated on her. David caught w/hookers in Miami, abused his 2nd wife. Eric cheated--he was an almost golddigger. David wasn't not a golddigger when married to Halle. He was the main bread winner and had his own $$$ once her career took off. Known fact he paid off many of her debts she racked up, paid off Playboy from post pictures, paid off her legal fees from the married dentist who tried to bilk Halle out of $80k and the list goes on. Eric waived his original request for alimony/support. Gabe has been making money off of Halle since day 1 regardless of what he allegedly makes or claims.

1283 days ago
21.

Vinny BoomBoom    

He may be the father but he sure aint her daddy!! I dont even know what she see's in this guy he woman with facial hair!

1283 days ago
22.

life    

This fool Gabriel is a user and Halle better watch out. He only wants her money and her fame. Same reason he dated Kim K. He is gross!

1283 days ago
23.

Nancy    

Ahhh #12 Michelle can't keep a man either, or maybe you are a lesbian perhaps? Did I make you think about your own pathetic life with your cats?

NO Lady-- You sound like a total jerk off. You really are the pathetic one and now you are making homophobic slurs? You are too stupid for words. Please stop commenting with your b.s. What a king sized douche you are. You sound like you are wearing a moo moo and climbing over piles of trash like the degenerates on Hoarders LOL--Tell her Michelle, this b*i*t*c*h wishes she could find a man. She's projecting her lesbian theory on to you because she munched my carpet last night:)
Eff off wench

1283 days ago
24.

April    

@ N.O. Lady

You are a repulsive human being.
Woman who talk about "keeping" a man usually have absolutely NOTHING going for them AT ALL

Funny as if keeping a man is the most important--This LOSER needs to keep a man---How else would an uneducated inbred fcuk up survive otherwise. Halle is talented and beautiful. The fact that this parasite is sitting back stuffing a twinkie in her giant trap while speculating on Halle's love life is hysterical.
Hey N.O. lady you have an awful lot of time on your hands coming back to comment a second time---Never heard of hot chicks in relationships with hot guys spending all day commenting on TMZ--Let's face it you are a hefer and have jealous fat chick written all over ya. Put the fork down:)

1283 days ago
25.

FLO    

Smart of him to protect his parental rights before she discards him like other victims in her past.

1283 days ago
26.

NameNotImportant    

She's dumb and naive. Say goodbye to a good portion of your money Halle. You're about as smart as Janet Jackson. If you trust anyone and you're worth millions you deserve to get played.

1283 days ago
27.

kinm    

Sound like she might be a horribly controlling woman, or he wouldn't even have to take the step to make sure of that.

1283 days ago
28.

esi    

Why's everyone tripping over this? TMZ that they've worked most of the stuff out.

1283 days ago
29.

Craig    

Halle's the nutty one here. Gabriel seems like a nice, upstanding guy. Good for him. I hope they continue to work things out.

1283 days ago
30.

Lucille    

Halle should a did a Madonna who had the father of Lourdes sign away his parental rights, for a price. You've got to figure that Gabriel is broke (supposedly one of their issues was that Halle was paying for everything, and supposedly Kim Kardashian stop going out with him for that same reason), so he might be angling for child support and why should he get joint physical and legal custody, Halle has been nothing but nice to him regarding their daughter but the bottom line is that she is taking care of their daughter full-time not him.

Halle is so nice and she gets so taken advantage of by men. Remember Halle's second husband Eric something? He had a "sex addiction" yet she still had to pay him alimony. Halle, leave California these men will rob you blind.

1283 days ago
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