Friday, January 23, 2009

Kelly Rutherford & Daniel GierschTestify in Custody Dispute

Kelly Rutherford and her estranged husband Daniel Giersch sparred over the actress's work demands as they both testified Thursday in a bitter custody dispute over 2-year-old son, Hermes.

The pregnant Gossip Girl star, 40 years old, who started filing a divorce from Giersch, 34 years old, is seeking to take Hermes to New York with her, where the show is filmed,at least until the end of March.However,her ex-husband Giersch strongly objects, calling her job detrimental to their son.

After almost two hours of testimony, no ruling was made and the hearing will resume Friday morning.

"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." said the German entrepreneur

Giersch described how he's been physically with his son "90 percent of the time," taking him to the playground, zoo, museums, and more, while Rutherford was working on Gossip Girl.

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

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

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

Outside of court, a smiling Rutherford said, "Ultimately I want the best for Daniel, and I want the best for our family."

Giersch made no comment following the hearing.