Halle's Unemployed Ex Withdraws His Custody Petition

Finally these two have come to there senses and ended there vicious public custody battle.  Halle Berry's ex-boyfriend withdrew his custody petition Tuesday, paving the way for Berry to head to New York with daughter Nahla in tow to shoot the ensemble romcom New Year's Eve.  

Although New Line Cinema tapped Katherine Heigl to replace Berry after she jumped ship, they have found another role for her to fill, that of "Nurse Aimee."

Gabriel Aubry told Halle he would not let her take Nahla to New York City to shoot a movie. We're told Halle agreed to put Gabriel up in a fancy hotel during the 1-week shoot so he could be with the kid, but he said no.

Gabriel -- who isn't working right now -- responded this way: "Why do I have to follow her? She can leave [Nahla] here."

A source close to the situation states that Gabriel will be traveling to New York, on his own dime, to spend as much time with Nahla as permitted while Halle films a new movie.





Now we can all lay to rest if the baby is black, mixed, or crayola color, these two are back to co-parenting and that is what really matters. Though he withdrew his bid for joint custody and child support, Aubry is still pursuing a paternity action against Berry, a family court matter that will be sealed to the public.

The source said that the relationship between the two is often tense and while there is peace, for now, the situation is fluid.