Adam Dell, the brother of Dell computer founder Michael Dell, filed the suit Tuesday in Manhattan Supreme Court for custody of Krishna Thea Lakshmi, CBS News reported Wednesday.
Under an out-of-court agreement, Dell has visitation rights to see his daughter nine days a month, TMZ.com reported, an agreement in effect until Feb. 20, when Krishna turns 1.
Sources say both Dell, 41, and Lakshmi, 40, had been in discussions regarding a custody arrangement to take effect after their daughter's birthday, but the negotiations recently fell apart, TMZ said.
Adam Dell's lawyer issued a statement saying his client "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," attorney Bill Zabel said in the statement.
Dell reportedly is seeking to be named on Krishna's birth certificate and have her take his surname along with Lakshmi's, TMZ said.