Gossip Girl Custody Drama - Part 2

Jan. 22 2009, Published 9:00 a.m. ET

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UPDATE: 5:52PM - Daniel Giersch is on the stand being cross examined by Kelly's attorney. He is being questioned if he can go to NYC with Kelly and Hermes.

Kelly Rutherford and Daniel Giersch will be back in court squaring off over the custody of their two year old son, Hermes... and is at the courthouse waiting for the fireworks to erupt.

The judge ordered both parents to testify today about their son... and it's expected that the judge will make a ruling later today determining if Kelly can travel with Hermes to New York where she is contractually obligated to film for Gossip Girl.

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Kelly is still breast feeding her baby and says she has never been away from him for one night... while Giersch contends that he is the primary caretaker.

Story developing...



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