Halle Berry Will Fight Baby Daddy in Court

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Halle Berry is at legal war with baby daddy Gabriel Aubry ... and she's going to court to protect 2-year-old Nahla.

Halle's rep tells TMZ, "Halle has serious concerns for her daughter's well-being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her."

According to the rep, Halle will go to court and has canceled an upcoming film production in New York this week to handle the matter.

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

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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.

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.

Halle Berry, Gabriel Split Custody in Limbo

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Halle Berry and Gabriel Aubry have split, TMZ has confirmed, and she went to a divorce lawyer three weeks ago to find out about a custody arrangement ... but nothing long-term was agreed upon and no financial settlement has been struck.

Halle and Gabriel worked out a "very short-term custody arrangement," a very connected source tells TMZ. But when they worked out the arrangement they had not split, though they were clearly having problems. Neither Halle nor Gabriel have tried to make the arrangement permanent for 2-year-old Nahla.

Neither of them have gone to a lawyer to formalize any type of long-term agreement, so despite the fact they have split, there is no custody arrangement or property settlement agreement.

We are told, however, by sources close to the situation, that Halle and Gabriel are "working well together" and are handling parental duties without conflict.

We are told the long-term plan is to share custody but nothing has been formalized in writing.

UPDATE: We're told Halle and Gabriel have agreed to several short-term custody arrangements while they sort things out. They have renewed them each time they have expired and are still working under a short-term agreement but no permanent agreement has been struck.