It’s not Eva Longoria.

He reiterated his position today on the stand, saying that Rutherford sometimes works for as much as 12 hours a day and, when she isn’t working, tends to fill her time doing things “of interest” to her.

Acknowledging that Hermes has never spent a night away from his mother, Giersch also said that Rutherford hasn’t allowed him any overnight visits with his son since they split.

Rutherford, however, estimated her work days to be more like five hours long, rather than 12, and that Giersch, too, was often away from the home doing activities “of interest” to him—like running, golfing, getting manicures and pedicures and getting his eyebrows waxed.

Despite Giersch’s claim that she hasn’t allowed him to keep Hermes overnight, Rutherford said, she has never withheld their son from him and is open to a joint custody arrangement.

And if Rutherford were made to choose between her career and her son, she would choose her son, she testified.

No ruling was made today, and the hearing is expected to continue Friday.

“We both want what’s best for our son, and I guess we’ll find out more tomorrow,” Rutherford told reporters outside the courthouse. “It’s a lot, but I am optimistic. The show has been really great and supportive, and my family and friends help.”

She also denied rumors that she was in danger of being written out of Gossip Girl.

Thinking about her son and the child she’s expecting keeps her optimistic, Rutherford added.

“I want the best for Daniel,” she said. “I want the best for our family.”

Rutherford filed for divorce Dec. 30, citing irreconcilable differences, and filed additional papers earlier this month to prevent Giersch, who isn’t a U.S. citizen, from taking Hermes out of the country.”

FOTO 2:

“If I ever see a woman with chipped nail polish on her nails, I’ll walk right over and smack her over the head with my grocery bag. Unkempt is not fashionable, there is simply no excuse for it.” Steven Cojocaru, as quoted on the Rachel Ray show in November.

We snapped the sassy fashion expert as he left the 11 & 22 clothing store. What do you think of the quote: True or Tacky?

A source close to the couple said: “Tony isn’t ready for a baby. He’s much younger than Eva and at the top of his profession, while Eva is in her ‘baby prime’ as she calls it. She even threatened to leave him twice before he agreed.”

Earlier this summer when Tony was asked about the possibility of Eva being pregnant he responded, “She’s not pregnant now if that’s your question.” He added, “I’m not thinking like that right now.”

When Eva had to gain weight for her role in ‘Desperate Housewives’ everybody automatically assumed she had gained baby weight and was expecting. She dodged pregnancy rumors for months before she finally snapped back at the media a few months saying, “I wish people would just chill out. You’ll know when it happens.”
Tony recently injured his ankle and is going to be out for a while. According to friends of the couple, Eva saw it as a blessing in disguise because she was hoping it meant they would be able to spend more time together…and possibly plan for a baby.

“She and Tony rarely get to spend even 24 consecutive hours together. She is always in Los Angeles filming and he is San Antonio for the basketball season,” a source told the National Enquirer. But unfortunately for Eva, she found out he’s going to continue to travel with his teammates instead.