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Olympic skier Bode Miller and ex come to agreement in battle over son

Olympic skier Bode Miller exits family court, Monday, Dec. 9, 2013, in New York. Miller and former flame Sara McKenna have agreed to share time with their infant son for four months. The temporary pact is in place until at least a March 31 court date.
Olympic skier Bode Miller exits family court, Monday, Dec. 9, 2013, in New York. Miller and former flame Sara McKenna have agreed to share time with their infant son for four months. The temporary pact is in place until at least a March 31 court date.Louis Lanzano / AP

Olympic gold medal skier Bode Miller and his ex-girlfriend came to a custody agreement in New York on Monday, in which they will both have time with their nine-month-old son.

Miller, 36, and ex-girlfriend Sara McKenna, 27, reached a temporary order with lawyers that allows for both parents to have time with the baby during agreed upon dates.

The specific time allotments were not disclosed.

Both parents said they believe the arrangement is in the best interest of the child — who Miller calls Nate and McKenna calls Sam.

McKenna said she is, "extremely happy with what happened." She said even though Miller will be travelling to Sochi in February for his fifth Olympics, the pair will each have adequate time with the baby.

Miller said he was happy he and his ex were working together. 

The two have been fighting for custody over their son since before he was born, and the case has touched on women's rights issues.

Miller, who lives in California, had accused McKenna of moving to New York while she was pregnant in hopes that the courts there would be more sympathetic to her.

A New York court official had lambasted McKenna for moving to the state while custody was in dispute, but civil liberties groups have argued that where a woman decides to live while she is pregnant is a basic right.

The case has bounced back and forth between coasts, but on Nov. 14, a five-judge panel ruled that the trial should take place in New York, since the baby was born in the state.

On Nov. 25, court attorney referee Fiordaliza Rodriguez of New York County Family Court ruled that McKenna, a former marine, should have custody of the baby until Monday's hearing. Rodriguez is the same one who had earlier in the case chastised McKenna for moving to New York while she was pregnant. 

On Thursday, Miller posted a picture of his daughter on Twitter and pointedly wrote, "She's super sad her brother isn't here to celebrate with us."

After the hearing, Miller told reporters, "We're psyched about the co-parenting plan."

Miller is currently on the World Cup tour. He will return to the country on March 17 after competing in the Olympics. A conference between Miller and McKenna is scheduled for March 31.

NBC News' Alex Moe and Ziad Jaber contributed to this report. Reuters also contributed.

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