Judge Sides With Kelly Rutherford In Custody Case

January 23, 2009 By:
Judge Sides With Kelly Rutherford In Custody Case

Kelly Rutherford can breathe a sigh of relief! She appeared in court this morning along with her estranged husband in a custody battle over their two year-old son Hermes. And the judge decided to side with Kelly, and allow her to bring Hermes to New York until the end of March.

Kelly, who is pregnant with the couple’s second child, had intended to bring her son with her from the very beginning, saying that Hermes had never spent a night away from his mother. She is forced to return to New York in order to finish shooting this season’s episodes of Gossip Girl.

Kelly’s estranged husband Daniel Geirsch was opposed to the idea, saying it would be in poor taste for Hermes to be exposed to a brand new environment for several months.

But in the end, Judge Michael Levanas stated that leaving Hermes with Geirsch in Los Angeles and removing the child from his mother “cold turkey” would, in fact, be more harmful.

Levanas also ruled that when Kelly is not working, they will share time with Hermes. Rutherford will be required to come to Los Angeles once in February and once in March. While in LA they will alternate days. Daniel agreed to travel to NY as well to see his son, and the judge allowed him one overnight in January, two in February, and three in March.

As of now, both Kelly and Daniel are still present in court, which is still in session. More details to come, but congratulations to Kelly. We think this was a smart decision on the judge’s part.