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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Apparently, only regular people discuss potty training issues with the co-parent in private. If you’re a celebrity like Kelly Rutherford, that aspect of parenting gets dueled out in a courtroom.

The Gossip Girl star and her soon-to-be ex-husband, Daniel Giersch met at LA County Superior Court today to agree on that all-important issue of how to potty train their 2-year-old son Hermes. Daniel was all for trying to teach the kid to let it out in the toilet. Kelly was dead set against it.

After several days of legal haggling, the pair finally agreed today to have their kid wear pull-ups, and allow him to make the decision on when to potty train himself.

Kelly is now getting ready for her next court battle over the couple’s new baby, who she’s set to give birth to next month.

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Kelly Rutherford, who has been involved in the nastiest of nasty custody battles with her ex Daniel Giersch, has filed papers in court, asking a judge to ban Daniel from bringing their 2-year-old Hermes over to his house.

In the papers, Kelly states that she’s concerned about the improperly secured pool and play areas at the home.  She’s also upset over something concerning pee and poop, and has asked the judge to force Daniel to quit potty training the boy.

Kelly and Daniel will be in court to duke it out on Friday.  Meanwhile, Daniel has been ordered to cover his pool.

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