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Adam Dell Fighting Padma Lakshmi for Custody of Daughter

Padma Lakshmi attends the 2010 Endometriosis Foundation of America Holiday Celebration on Dec. 21, 2010, in New York. Getty

NEW YORK (CBS) "Top Chef" host Padma Lakshmi is facing a custody battle from the father of her young daughter.

Adam Dell, the brother of Dell computer founder Michael Dell, filed suit on Tuesday in Manhattan Supreme Court for custody of 11-month old Krishna Thea Lakshmi.

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TMZ.com reported Wednesday that under an out-of-court agreement, Dell currently has visitation rights to see his daughter nine days a month. Sources say that agreement is in effect until Feb. 20, when Krishna turns 1.

Both Dell, 41, and Lakshmi, 40, were discussing a custody arrangement to take effect after their daughter's birthday, but the negotiations recently fell apart, according to the report.

Dell's lawyer, Bill Zabel, confirmed the filing to the New York Post and said in a statement: "Adam Dell, above all else, wants to have an active and substantial role in the upbringing of his daughter with Padma Lakshmi. Unfortunately, Ms. Lakshmi has severely limited his time with their daughter and has refused to negotiate a reasonable co-parenting agreement. Mr. Dell has tried his best to avoid going to court, but Ms. Lakshmi has given him no other choice at this time."

Sources told the paper that Lakshmi and Dell's agreement allows him to see his daughter for seven hours a week, but that it's complicated by her filming and travel commitments.

Sources close to Dell also told the paper that he has to deal with his ex's lawyers and assistant to arrange times to see his daughter. One source said, "Adam does not want to take the baby away from her. He hopes this will result in a reasonable co-parenting agreement."

Dell is also said to be seeking to be named on Krishna's birth certificate and have her take his surname along with Lakshmi's, according to the report.

A rep for Lakshmi told the Post, "It appears to us that Mr. Dell remains more interested in garnering media attention than working out details to see Krishna or in her welfare."

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