'Gossip Girl' Wins Kelly Rutherford Custody of Her Son

Yesterday Kelly Rutherford won custody of her two-year-old son, Hermes, amidst a bitter battle with her German entrepreneur husband, Daniel Giersch. 

Kelly will get to bring Hermes from L.A., where his dad lives, to NYC with her on Sunday.  The judge ruled in Kel's favor because she's 'contractually obligated' to work in NYC for filming of Gossip Girl. 

'I want the child to see both parents,' the judge said, asking that Dan spend some time shacking up in the big apple. ' We have a dad who loves his kid and a mom who loves her son. I can't find fault with either of you.'

But finding fault isn't something the soon-to-be-ex spouses have had trouble with. 

After filing for divorce in December, Kelly said her husband of two years was plotting to leave the United States with her son.  Daniel quickly fired back, stating that Kelly had a bad temper and once threw a laptop at at him after trying to punch him.  Kelly then claimed she had to call the police on him twice because of his angry temper.

Did I mention that Kelly is four months pregnant with this guy's baby?!  Poor tykes gonna be fought over in court before he even leaves the womb!

Anyways, check out photos of Kelly sealing her custody deal at a Santa Monica courthouse yesterday in the gallery of 30+ photos...