Gabriel Aubry -- Mum on Custody Battle

2/19/2011 5:01 PM PST
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.

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.