Halle Berry Fights for Custody of Daughter Nahla

The actress is set to battle her ex, model Gabriel Aubry, for sole custody of their 2-year-old child

Halle Berry, 44, and model Gabriel Aubry, 35, split up last April -- and only now are things starting to get ugly. Berry is preparing to go to court to fight her ex-boyfriend for full custody of their 2-year-old daughter Nahla.

"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," Berry's rep told People on Monday. "She has attempted to resolve these custody issues amicably with her daughter's father, Gabriel Aubry, directly, but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."

The Oscar winner isn't messing about: In order to be present at the custody battle, she dropped out of the upcoming feature film New Year's Eve (the thematic follow-up to the 2010 romantic comedy Valentine's Day). Her role is now being played by Katherine Heigl.

Berry's decision to challenge Aubry's visitation rights seems to come out of nowhere, but the dispute may have started in late December, when Aubrey filed for joint custody of Nahla.

Then there's the unsubstantiated gossip. Two weeks ago, RadarOnline posted a story saying that Berry was furious with Aubry for publicly dating other women -- including Kim Kardashian -- and that she intended to challenge his custody as a form of revenge. The site's sources claimed that Berry had even hired a private investigator to dig up dirt for the custody battle, while Aubry was "forced" to file the joint custody petition because he feared Berry might challenge his visitation rights. We don't know exactly what's true of the behind-the-scenes squabbling, but one thing seems certain: This will make for one heck of a contentious courtroom battle.

Berry has been dating French actor Olivier Martinez since October. Aubry and Kardashian are no longer together.

Do you think Halle Berry should get full custody of her daughter instead of shared custody? Chime in below!

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