Austin Chick filed for divorce from Morena Baccarin in July

By Michele Corriston
November 10, 2015 11:45 AM
Gabriel Olsen/FilmMagic

As Morena Baccarin prepares to start a family with Gotham costar Ben McKenzie, she’s embroiled in a bicoastal custody battle with estranged husband Austin Chick.

In September, a Los Angeles judge ruled in the actress’s favor, allowing her to move their 2-year-old son Julius with her to New York, where she shoots Fox’s Batman origin show. (Baccarin, 36, and Chick, 44, share legal custody, but she has primary physical custody.)

New legal documents obtained by PEOPLE show that even after the couple split this summer, the unemployed writer/producer agreed to stay in N.Y.C. in an apartment Baccarin rented for him so they could co-parent – until McKenzie came into the picture.

Morena Baccarin and Austin Chick in 2013
Kevin Winter/WireImage

Chick “shipped some furniture there and actually stayed there with the child for approximately two weeks in July. Apparently he changed his mind and returned to Los Angeles with the child when he learned that [Baccarin] had a new boyfriend,” according to the papers.

Baccarin is now expecting a baby with McKenzie, 37, and the court notes that “her obstetrician gynecologist avers it is a high risk pregnancy and advises against extensive air travel” – another reason for Julius to stay mainly in N.Y.C. with his mom instead of flying back and forth to L.A. every month.

A hearing on child and spousal support is set for Nov. 19.

Baccarin and Chick were married for three and a half years, and the court says both “are good parents and bonded with their son.”

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