TMZ is reporting that 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.

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

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 (photos) and Gabriel have … they’ve been pretty much worked out.

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.