Halle Berry’s ex-boyfriend Gabriel Aubry filed paternity documents recently, asking a California court to legally acknowledge that he is the father of Berry’s 2-year-old daughter, Nahla.

Berry and Aubry split last spring, though Aubry did not file his paternity petition until December 30, 2010. Establishment of paternity will give Aubry joint legal custody of Nahla. He apparently also seeks joint physical custody of the toddler. There is no request pending regarding child support.

It appears that the case is already settled and will progress through the court rather quickly. The filing indicates that both parties have signed documents acknowledging Nahla’s paternity. The child’s last name is Aubry.

According to some tabloid sources, Berry and Aubry reportedly have an agreement as to parenting time and support and do not feel it necessary to litigate those issues.

As Berry and Aubry have now clearly moved on romantically (he recently date Kim Kardashian; she is seeing French actor Olivier Martinez), it appears that Aubry has decided that it is time to legalize his relationship to Nahla in order to protect his parental rights.

Once paternity has been established, Aubry will then have the legal ability to seek modification of custody of the child now or in the future. He will also be legally on the hook for child support.

In addition, established paternity means that Berry cannot, in the future, pursue adoption proceedings with a new husband without the Aubry’s consent. There is no indication that Berry has any intention to do this – but it is a consequence of any legal determination of paterity.

Library Topics: paternity, California family court, joint legal custody