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Kelly Rutherford & Husband Negotiating Hospital Time

Jun. 9 2009, Published 6:56 a.m. ET

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As RadarOnline.com reported, Kelly Rutherford had her mother at her side during the birth of her second child Helena, rather than her estranged husband Daniel Giersch. While sources close to Rutherford are said to be fuming that Giersch has yet to visit his new baby girl, he fights back against the claims and reveals he is in the midst of negotiating how often he is allowed to visit the hospital.

Click here to read about Rutherford’s trip to the delivery room

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"We are currently negotiating how often I am allowed to go to the hospital. The only thing the judge said in court last time is that I can see my daughter three times a week for one hour," he told  BUNTE magazine. "I am happy that Helena was born and I hope both are doing fine but I did not know anything although we agreed that I would get a call or a text message as soon as she goes into labor."

He claims Rutherford's lawyer only informed him of the birth on Tuesday morning at 8:45 am and also mentioned how his son was left at home, thus violating a pre-existing agreement.

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“Kelly is not allowed to stay away from Hermès more than three hours. If that's the case she has to call me so I can take care of him.That's what the judge said," Giersch explained. "Now Hermès is afraid because his mom is not in the house when he wakes up in the morning."

Giersch's mother is also in L.A. to support her son.

(Photo: WireImage)

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