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The custody that wouldn’t die.  Gossip Girl star Kelly Rutherford and soon-to-be ex husband, David Giersch,ompared to career-minded dads, career-minded moms get the shaft sometimes.

Gossip Girl star Kelly Rutherfordand her Gossip Girl-hating soon-to-be ex, that German guy, Daniel Giersch, faced off in a Santa Monica, CA, courthouse on Thursday.  The two are fighting big time for the custody of their 2-year-old son, Hermes. 

It’s about to get personal.  In this face off, Kelly asked a judge to let her take Hermes to New York so she can film Gossip Girl until the end of March.  It was not settled and the duo will be back in court again today, Friday.  

Giersch obviously objected to Kelly’s request.  He called her job detrimental to their son in court:

“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… I don’t see any reason to give a child to a caretaker when there’s a better option, and that’s the parent.”

How the hell do you know if a 2-year-old is comfortable in New York? They’re usually constipated, full of snot, and whining about something.  I’m sure they’re uncomfortable EVERYWHERE. He also claimed that Kelly never allowed him to have overnights alone with Hermes because there were certain issues that she needed to control.

Kelly responded in court:

“If I’m being asked to choose my career over my son, I choose my son. [But] I need this job to pay my bills, legal bills, and Daniel has offered no support.”

She also denied in court that she was not against overnights for her husband.  She wanted a schedule worked out first. 

“We can continue to co-parent as we have,” said the actress.

Rutherford also slammed Giersch for pointing out that she wanted to shop, get manicures, and pedicures instead of being with her son by saying:

“It’s not just me, I mean, he gets his eyebrows waxed.”

Ouccch pointing out a metrosexual could be detrimental to a guy who claims he likes the female bodage.  I love angry celebrities fighting it out in court.  Shit’s about to hit the fan!

-Cw

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