Kelly Rutherford, Daniel Girsch

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Lily van der Woodsen lives! And, more importantly for Kelly Rutherford, she has won the first hard-earned round in court.

After two days of terse testimony, the judge in the Gossip Girl star's custody case has ruled that Rutherford can take her 2-year-old son with her to New York this weekend when she resumes filming on the CW hit.

The pregnant Rutherford was emotional as the judge ruled that she is clear to fly out with son Hermes this Sunday, for two months of location work in the Big Apple.

The actress' estranged husband, Daniel Giersch, who was fighting to keep the boy in Los Angeles, will serve as their unlikely travel buddy. He will be allowed to care for the boy in lieu of a third party while Rutherford is on set.

And that's not all...

Superior Court Judge Michael Levanas said that it was in the boy's best interest to see both his parents everyday, and ruled that Giersch will get visits lasting a minimum of seven hours with his son.

Levanas further ruled that Giersch would be allowed increasing overnight visits with the boy, beginning with one overnight per week in January and building to two in February and three in March, when Rutherford is expected to complete filming for the show.

In addition, both parents have been orderd to make two mandatory visits back to Los Angeles over the next two months, during which time they will split custody.

Giersch had previously argued that New York would not be a good environment for their son, as he would likely be watched the majority of the day by a stranger while Rutherford was busy filming. He also claimed he was the boy's primary caretaker.

Rutherford adamantly refuted the claims, alleged that the hot-tempered Giersch might possibly disappear with the boy and that her son, whom she is still nursing, had never spent a night away from her.

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