Laffoon and Heche in 2006
06/11/2007 at 07:30 PM EDT
Anne Heche's son will live with his father in Los Angeles while the actress works in Canada, a judge ruled in the Men in Trees
star's bitter divorce.
Under the temporary arrangement, Heche, who had asked to have 5-year-old Homer live with her and attend school in Vancouver, will have alternate weekend visitation rights while the ABC show shoots.
When she returns to Los Angeles after filming ends, she and her estranged husband, Coley Laffoon, will have joint custody pending the outcome of their as-yet-unscheduled divorce trial.
(Men in Trees
begins filming in Canada in mid-July and will wrap up around next March, according to ABC.)
The custody arrangement was approved by the Superior Court judge in a closed-door hearing Monday, according to lawyers in the case.
"Coley is very pleased with the result of the hearing," his attorney, Jon Summers, tells PEOPLE, adding that Laffoon was awarded an undisclosed amount of child and spousal support. "Homer is going to remain in Los Angeles and attend school here."
Laffoon, 33, filed for divorce
in February, triggering a war of words and custody dispute. He has questioned Heche's parenting skills and sanity, and accused the actress of resorting to lies to win custody of – and destroy his relationship with – their son.
The former videographer, who says he was making just $6,000 a year when he quit his job to take care of Homer, sought primary custody and at least $33,000 a month in support, according to court papers.
Heche, who has defended her parenting
, has claimed he was actually seeking $45,000 a month and that his cravings for porn, poker and money distracted him from properly raising Homer.