Judge Allows Kelly Rutherford To Take Son To New York
Posted on Fri Jan 23, 2009 02:25 PM PDT

Kelly Rutherford LilyRutherford200.jpgLOS ANGELES, California (X17online) - A judge in Santa Monica has has given Kelly Rutherford the right to travel with her son to New York to continue work on the set of "Gossip Girl."

Rutherford, 40, has been locked in a custody battle with her estranged husband Daniel Giersch, 34, over where their 2-year-old son Hermes will live.

In two days of testimony, Rutherford said she would have to quit the hit CW show if she was not allowed to bring her son with her to New York City.

Girersch claimed that Rutherford's busy work schedule created an unhealthy environment for the child.