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Kelly Rutherford: Testified in custody dispute

Posted By: fosterma2002

Posted: January, 23 2009

Kelly Rutherford and her estranged husband Daniel Giersch have argued over the actress' work demands as the couple testified on Thursday in a bitter custody dispute over their two year old son namely Hermes.

More news on Kelly Rutherford has been inferred from quite a number of sources. According to them, forty year old pregnant ‘Gossip Girl’ star, who has filed for divorce from Giersch, who is thirty four year old, is seeking to take Hermes to New York, where the show is filmed, until the end of March. At this Giersch strongly objects, thereby calling her job detrimental to their son’s welfare.

After nearly 2 hours of testimony, no ruling was made and the hearing will resume on Friday morning.

Giersh, a German entrepreneur, testified that Rutherford is “being on call in New York, working 20-hour days, her being told to go here, go there, jump into this car, go to this event." It is also reported that all these things have contributed to their failed marriage.

He continued, "Hermes doesn't feel comfortable in New York," "He's in constant fear, not knowing what's going on. It's not easy there, it's not safe, it's noisy. As a father you see whether a child is comfortable or not."

Giersch commented how he has been physically attached with his son who took "90 percent of the time." He used to take him to the playground, zoo, museums, and more, while Rutherford was working on Gossip Girl. "I don't see any reason to give a child to a caretaker when there's a better option, and that's the parent".

Giersch added that Rutherford "has never allowed me to have overnights alone with Hermes. There are certain issues that she needs to [have] control."

Wearing a black sweater, matching pants and gold earrings with her hair pulled back, Kelly Rutherford then took the next stand.

Kelly continued, "If I'm being asked to choose my career over my son, I choose my son," she said. "[But] I need this job to pay my bills, legal bills, and Daniel has offered no support."

She denied that she was against overnights for Giersch, as long as a schedule was worked out first. She said, "We can continue to co-parent as we have,"

Rutherford also took issue with Giersch thereby pointing out her preoccupation with shopping, manicures and pedicures by saying, "It's not just me, I mean, he gets his eyebrows waxed."

Her testimony was cut short and the hearing will resume at 9 a.m.

Outside of court, Kelly Rutherford, in a jovial mood, added “Ultimately I want the best for Daniel, and I want the best for our family."

Asked what keeps her going through an acrimonious divorce while carrying their daughter, she gave a bold reply. She commented, “I think about the great love I have for this child. I try to not think [about the divorce] and instead think about my kids and my future ... and how lucky I am to be a mother at 40."

Giersch made no comment thereby following the hearing.

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