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"Gossip Girl" Didn't Pamper Her Kid -- Allegedly

1/21/2009 6:49 PM PST BY TMZ STAFF

Here's how nasty the Kelly Rutherford/Daniel Giersch divorce has gotten -- they're bickering over who doesn't wipe their kid.

In legal papers filed today, Giersch claims he tried to potty train their son, Hermes, early on but Rutherford took his mini-toilet seat away and hid it and did not "encourage him to use the toilet."

Giersch adds, "I have witnessed that she does not always keep his bottom clean."

And there's more. Giersch says it is not "reasonable or appropriate for [Rutherford] to be breast feeding when he is nearly 2 1/2 years old."

As if to punctuate his point, Giersch says the kid is old enough to be fluent in German.


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I breastfed a 3 year old    

He is a complete douchebag. There is nothing wrong with what she is doing and you can't just force a kid to potty train. Any idiot who made comments to that nature here (that it is gross, etc) clearly has no kids or does have kids and is one of those abusive parents who punishes a kid for "accidents" when they are not capable of using the potty in the first place. A kid does it on their OWN time table! My first was 2, second (a boy) was 2 1/2, 3rd (another girl) was 3 1/2!! Then I have an infant and he will do it when he is ready! Put the potty seat out there, but believe me, they will NOT do it until they are ready!!

2063 days ago

Eric Draven    

Wow... Kelly Rutherford's getting divorced... again... Isn't this the same woman who filed for divorce the last time, just days after her husband had a stroke that rendered him immobile? Forgive me if I have no sympathy for her.

2063 days ago


I'm sure the pediatrician will back the mother on both these issues. Can you imagine when this poor kid starts school and the other children google him because of his famous parents? They will read all about his potty training and breastfeeding and make his life hell. For the child's sake, the media should stay out of divorces when young children are involved.

2063 days ago


First of all, this child was born on 10-18-06 making him two years and 3 months, not two and a half. Three months can make a big difference. All children are different. My granddaughter is only 3 weeks younger than this boy and is just starting to show a little interest in potty training even though she is advance in other areas. She has been drinking from a cup since she was barely a year old. However, it's not abnormal for this boy to be breastfeeding. There was a time that there was no such thing as formula and bottles. What do you think those mothers did?

2063 days ago


Well, WHO says children should breastfeed at last until they are three, but human beaings can breastfeed until they're 6 or 7 because that's the moment when our inmune system is completly developed. So, this mom is dping a good job in protecting her son.

2063 days ago

The Dude    

What he is really saying is: "Hunny I want to be the one breast feeding while you speak german and please wipe better".

why can't some guys just say what they mean....

2063 days ago


breast feeding is a natural biological function. i laughed when the the father said ms. rutherford did not give the child quality time. she breastfeeds...enough said.

2063 days ago


The father is the one with the problem. Shows me she cares about the boy if she is still breastfeeding him. Get over it folks - almost every country in the world recommends breastfeeding to 2 (the USA says 1 year at least). And the average weening age is closer to 3 or 4. It's not an all the time thing at that age - but it does really help with their immune systems and their sense of security. Maybe that is why the US is all update - we all got weened too early!

2063 days ago


These 2 a-holes are going to be another Charlie and Denise I can feel it. How sickening. Can't these 2 idiots act civil for the sake of their child and unborn baby? Probably not a good idea to get pregnant again when your marriage is on the rocks.

2063 days ago


If she really is breast feeding still and the child is 2 1/2 she has issues and isnt looking out for whast best for her child. I dont want pro breast feeders to go nuts. Breast feeding is great BUT children over age 2 DO NOT NEED TO BE breast fed. At that age it is about the parent and their bonding issues not about whats best for the child.

2063 days ago


At 2 1/2 years old, the child is not too old to be breastfeeding still. In our country, we seem to forget breastfeeding is the most natural way to feed our young!! In MANY other countries, children are breastfeed until they are 3, 4, 5...even.

Potty learning.. Well, that can occur anywhere from birth on up!!

Dad and Mom. GET A GRIP. Dont drag your kid through this mess. Man/Woman up and do what is RIGHT BY YOUR CHILD!! (not your fricken egos and pocketbooks.)

2062 days ago

Maria Sanchez    

There is nothing wrong with breastfeeding a 2 1/2 year old, I hope she gets the chance to tandem nurse, it is an awesome experience!!!

2060 days ago


YUCK!!! breast feeing a child that old is disgusting!! whats wrong with that chick!

2047 days ago
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