Kelly Rutherford and her husband Daniel Giersch finally settled the custody battle over their two kids Hermes and Helena in court today.

The Gossip Girl actress first filed for divorce in December of last year, and the couple have been duking it out over everything from potty training to pool safety ever since.

The final custody papers state that Kelly and Daniel will both move from California to NY while Kelly films her show from July through April. They’ll share joint legal and physical custody of both kids, and both parents will be required to attend co-parenting counseling sessions. The custody agreement will be reviewed again in April 2010.

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Kelly Rutherford used this week’s issue of Life & Style Magazine to show off her motherly side… and throw another verbal beat-down at her ex-husband Daniel Giersch.

Kelly told the mag that she originally thought that the little creature pictured above would save her marriage, but boy was she wrong:

I found out I was pregnant, and I thought, Oh, maybe things will be nice, maybe it will be calm… But it wasn’t. Things only got more intense.

Daniel apparently threatened to sabotage her career and ruin her life. He even bugged out her friends, to the point where they finally had to combine their powers to help Kelly leave him.

Kelly even told the mag that with a crazy guy like Daniel, her kids are better off without a daddy. According to her,

The most important thing is that the children have love and stability in their lives, whether that comes from a mother or a father. I can raise them to be much more peaceful.

The couple have been battling out custody arrangements for Helena and her 2-year-old brother Hermes in court for the better part of this year.

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