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'Gotham' Morena Baccarin & Ex-Husband in Custody Battle; Boyfriend Ben McKenzie an Issue?

by Morgan Murrell   Nov 11, 2015 16:33 PM EST

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It looks like the custody battle is back on between Gotham star Morena Baccarin and her ex-husband, Austin Chick. The two nearly settled their custody battle with an agreement that would work for both them and their son, but recently discovered information might have put those plans on hold. According to an Entertainment Weekly report, Chick is refusing to co-parent with Baccarin in New York after learning she's been dating her costar, Ben McKenzie

On Tuesday (Nov. 10), ET received legal documents stating Chick "changed his mind" about relocating to New York City, where Baccarin films her Fox show Gotham, as per their discussed child custody. The deal would allow them to co-parent their two-year-old son, Julius, in the same city. 

The two were married for three and a half years. Chick filed for divorce in June citing "irreconcilable differences." After learning she's been in a relationship with McKenzie and is now pregnant with his child, he's decided to return to his home in Los Angeles with Julius.

"Austin was totally shocked when he found out about the affair," a source close to ET said. "Totally blindsided. When Morena left him for Ben, Austin was devastated -- completely shocked." 

Due to her pregnancy, the 36-year-old former Homeland star will no longer be able to fly back and forth from Los Angeles and New York. The judge initially ordered joint legal custody for their son in September, ruling in Baccarin's favor to move the child to N.Y. temporarily until she finds out if Gotham will be renewed for a third season.

The deal would also guarantee Baccarin pays for Chick's travel and an NYC apartment during his visits. Chick would also be allowed to bring Julius back to L.A. for a week every two months, if he provides proper advanced notice. 

According to the documents obtained by ET, Baccarin rented her ex an apartment for $6,850 a month. Chick reportedly shipped furniture to the apartment and stayed there for two weeks with Julius over the summer. 

Baccarin and Chick are scheduled to meet in court again on Nov. 19 in order to delegate an agreement on child and spousal support. 

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