A judge ruled that Kelly Rutherford, star of the show "Gossip Girl," can take her son Hermes to New York while she films the show. Kelly and husband Daniel Giersch are undergoing what seems to be a nasty divorce, even while Kelly is pregnant with the couple's second child.
Judge Michael Levanas told Kelly she can leave on Sunday with 2-year-old Hermes, and so can Daniel. "This is not a difficult case to judge," said Levanas. "I've got two great parents. I'm only concerned with what is in the best interest of Hermes. The only plan that does not harm Hermes is the one that lets the child see both parents every single day."
Friday was the third day that the couple spent in the court. Kelly filed divorce papers at the end of last year, and she and Daniel have been fighting for custody over Hermes ever since.
"I"m happy," Kelly says "I think the judge made a good decision. Now both of us will be with Hermes and there is much less stress for me, considering I'm pregnant."
Daniel was granted to overnight visits per week for February and three per week for March. The judge also says that Hermes will go back and forth between New York and L.A. for the next couple of months while Kelly and Daniel work out long-term custody.
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