Morena Baccarin Says Her Pregnancy Is Too High-Risk for Divorce Deposition

Morena Baccarin Says Her Pregnancy Is Too High-Risk for Divorce Deposition

Morena Baccarin is nearing her March due date for her baby with Gotham costar Ben McKenzie – a fact that's become contentious in her ongoing divorce and custody battle.

The Deadpool actress is trying to push back a deposition date set by estranged husband Austin Chick due to her high-risk pregnancy, according to court papers obtained by PEOPLE.

Chick's lawyer slated the deposition for last week, but Baccarin's attorney countered that Baccarin would participate 30 days after she gives birth, barring any medical complications.

"I am now almost eight months pregnant, and I continue to have a high risk pregnancy," Baccarin, 36, says in the documents. "My physician … has advised me to have as much bed rest as possible and limited activities. She further advised that sitting (as to answering questions) for deposition, regardless of the length of time, is unduly and unnecessarily stressful to me at this time. Such stress will affect my personal well-being and potentially cause harm to the health of my unborn child."

Baccarin, 36, and Chick, a 44-year-old independent screenwriter, split over the summer and have been fighting over custody of their 2-year-old son Julius ever since. In September, a judge ruled the boy will live primarily with his mother in New York, where she shoots Gotham, for the time being, but a November ruling dictated Baccarin must pay Chick more than $23,000 a month in spousal and child support.

McKenzie, 37, supported his girlfriend at a Deadpool fan event in N.Y.C. last week.

"I feel huge. I'm ready to pop," she told reporters, adding of her second pregnancy, "I'm definitely less nervous, but it goes by a lot quicker because you're chasing after a toddler."

As for Julius becoming a big brother, Baccarin said, "He's very sweet about it. His world is about to change."