Simon's Baby Mama Lauren Silverman -- Custody or California ... Choose One

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Simon's Baby Mama
Custody or California
... Choose One

Simon Cowell's baby mama Lauren Silverman is playing “LET'S MAKE A DEAL” with estranged hubby Andrew Silverman -- and door number 1 is custody … door number 2 is living with Simon in California.

As TMZ previously reported both Lauren and Andrew want custody of their 7-year-old son. Sources connected to couple tell us they are still in active negotiations to settle the divorce, which involves not only custody but finances and division of property.

Our sources say everyone in the negotiation --- including Lauren --- has conceded that she cannot move the kid 2475 air miles away from Andrew ... a judge would never buy that anyway. As a result we've learned Lauren is in the final stages of getting a NY apartment and has even taken steps to set up shop there.

Our sources say it's pretty obvious in the end neither Lauren nor Andrew will have full custody – there will be a division…. something like joint custody.

If, however, Lauren decides to move to California to be with Simon and their unborn baby, we’re told her parental role with the 7 year old will diminish significantly.

One source connected with the couple tells us … Lauren is considering the move in part because the Beverly Hills estate provides more of a shield from public scorn than the crowded streets of New York.

Sources say the negotiations are active and the progress is steady.

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Paternity Suit Against Kourtney Kardashian -- I Want Custody!

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Kourtney Kardashian
Paternity Lawsuit
I WANT CUSTODY
A male model who claims he had unprotected sex with Kourtney Kardashian in 2009 claims 3-year-old Mason is HIS son and he's now filed a paternity lawsuit asking for joint custody ... TMZ has learned.

Michael Girgenti claims in legal docs -- filed Thursday and obtained by TMZ -- he met Kourtney during a photo shoot in August, 2008 (above).  Girgenti says they connected and began a texting relationship for 3 months.

Girgenti says in legal doc things heated up by March, 2009, when Kourtney allegedly told him she and then BF Scott Disick were "on the outs" and "she wanted to hang." 

Girgenti's suit then describes an alleged sexual encounter in Glendale, where he says they had "unprotected vaginal sex."  He adds, "I ejaculated inside [Kourtney's] vagina." 

Girgenti says 9 months later Kourtney gave birth to Mason.  He says he immediately saw a striking resemblance and tried contacting her, to no avail, so he began a media blitz to get her attention. 

Girgenti's docs, filed in L.A. County Superior Court, request joint custody of Mason.  He also wants the judge to order DNA tests for Kourtney, Scott, Mason and him.  The judge set a hearing for next month.

We also know Girgenti received a letter from Kourtney's lawyer, Shawn Holley, saying his allegations are "false and defamatory." 

BTW -- one of his claims in the docs is that Kourtney's second child, Penelope, doesn't look at all like Mason.  You be the judge.

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