Halle Berry staying home, Katherine Heigl heading out on ‘New Year’s Eve’

Halle Berry’s career comeback has hit another snag.  The Oscar winner was supposed to begin shooting her role in Gary Marshall’s ensemble romantic comedy “New Year’s Eve” this week.  Unfortunately, her personal life has gotten in the way.

According to AP, a spokeswoman for Berry says the actress dropped out of the role “due to pending custody litigation involving her daughter.”  Berry has a 3-year-old daughter Nahia with ex-boyfriend Gabriel Aubrey.  Coming into save the day is none other than Katherine Heigl.

The former Grey’s Anatomy star hasn’t had much luck on the silver screen.  Her last two films, “Killers” and “Life as We Know It,” were both commercial disappointments.  She’ll have a chance to turn it around with a slew of well known co-stars including Jessica Biel, Sofia Vergara, Robert De Niro, Ashton Kutcher, Lea Michele, Sarah Jessica Parker, Jon Bon Jovi and Michelle Pfeiffer.

Production on “New Year’s Eve,” which follows the same multiple storyline format of 2010’s “Valentine’s Day,” is now underway.  The Warner Bros./New Line release will hit theaters on Dec. 9.

Heigl will be seen next in “One for the Money” hitting theaters on July 8.