Kelly Rutherford will be able to take her son, Hermès, with her to NYC, where she films Gossip Girl.

That's what Judge Michael Levanas ruled today in Santa Monica. Kelly, 40, and her estranged husband, David Giersch, 34, had been engaged in a custody tug-of-war over the tot, 2. David had argued that Hermès would be better off staying in California with him. Kelly, who is pregnant with the couple's second child, filed for divorce last month, citing irreconcilable differences.

Under today's ruling, the actress can keep Hermès in NYC until shooting wraps at the end of March.

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