Kelly Rutherford Fights Ex For Custody of Son
Posted on Wed Jan 21, 2009 01:55 PM PDT

Kelly Rutherford KellyCustody200.jpgLOS ANGELES, California (X17online) - "Gossip Girl" star Kelly Rutherford is dealing with a real-life drama in a Santa Monica Courtroom.

The 40-year-old Rutherford is fighting her estranged husband Daniel Giersch, 34, over custody of their 2-year old son Hermes.

Giersch is trying to prevent Rutherford from taking the child to New York City where "Gossip Girl" is filmed.

Rutherford alleges Giersch is violent and should only be allowed monitored visits with the child.

Giersch alleges the actress slapped him and threw a laptop computer at him.

Testimony is set to resume tomorrow.