Gabriel Aubry -- Mum on Custody Battle
It's a reasonable question .... whether fathers usually get shafted in custody battles -- but Halle Berry's baby daddy Gabriel Aubry had no response this morning in New York.
![](https://cdn.statically.io/img/imagez.tmz.com/image/82/16by9/2011/12/17/82ff4ad45d9e56569761c8521102a54f_md.jpg)
Who knows, maybe he'll catch another flight back to JFK in a couple weeks to visit his daughter ... while Halle shoots scenes for her new movie "New Year's Eve" -- then again ... maybe not.