Custody Judge Allows Kelly Rutherford To Take Son To "Gossip Girl" Shooting

January 26, 2009 8:24 a.m. EST

Los Angeles, CA (CNS) - "Gossip Girl" star Kelly Rutherford has been allowed by a Los Angeles judge to bring her son to her New York tapings following her custody hearing against her estranged husband.

After two days of court hearings, Superior Court Judge Michael Levanas sided with the 40-year-old actress, saying she can take 2-year-old son Hermes with her to New York this Sunday when she resumes her CW teen series shooting.

The father, Daniel Giersch, will be allowed to travel with Rutherford and their son if a third party is not available. He was awarded two overnight visits per week in February and three per week in March.

Also, both parents are ordered to return to L.A. twice over the next two months and to split custody during the mandatory visits.

Giersch, 34, initially argued that bringing Hermes in New York would not be a good idea as he would most likely be in care of a stranger during the majority of his stay there while his mom is busy at work. Rutherford then said that Giersch might run away with their son if he was left in his care.

Pregnant with their second child, Rutherford filed for divorce from the German businessman, whom she married in 2006, on December 30.

Their next custody hearing is scheduled in April.