Bethenny Frankel Will Face An Uphill Custody Battle

Two New York City attorneys feel she won't win what she wants.

Bethenny Frankel arrives at the Emmy For Your Consideration Event for Showtime's "Shameless" at Linwood Dunn Theater on May 24, 2018 in Los Angeles.
Rodin Eckenroth / Getty Images

Two New York City attorneys feel she won't win what she wants.

Bethenny Frankel has been in a difficult custody battle for years, facing off against her ex-husband, Jason Hoppy, in a difficult divorce case that never seems to have a resolution. Currently, Frankel is trying to obtain primary physical and legal custody of the daughter she shares with Hoppy, Bryn, who is now 8-years-old. However, attorneys examining Frankel’s case feel that she has a long, uphill battle if primary physical and legal custody is her goal.

One well-known divorce attorney from New York City, Leon Mindin, Esq., feels that Bethenny may be aiming for an unrealistic goal, according to Hollywood Life. Both Bethenny and Jason have stated that Bryn seems to be growing up with a mean streak. Bethenny has also accused Jason of manhandling Bryn and mistreating their dog. However, Bethenny’s allegations can’t be proven factually, and even if she could prove them, these issues would not be enough for the court to change the current joint custody arrangement between the pair.

“The court may be inclined to maintain the status quo if neither party has proven a significant change in circumstances or an overwhelming argument that sole custody is in the best interests of the child. Custody cases are difficult to predict because to get to a custody trial involves a lot more than just testimony,” attorney Leon Mindin, Esq. stated, according to Hollywood Life.

Bethenny’s request is actually far more severe than what it might sound, and it would take a good deal of effort to prove her side to the courts. In fact, the current custody situation could only be altered if there is a major change to report since the arrangement was agreed upon. Other than that, Bethenny would have to prove that Jason’s actions might harm Bryn, another task that can be hard to prove in court.

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Of course, Bethenny’s accusations against Jason, if true, are totally shameful and unacceptable. However, Bethenny alleging that Jason’s manhandled Bryn and harmed the dog doesn’t mean she has any real shot at winning the custody she wants.

“It’s maybe tasteless and a good reason to get divorced, which is what they’re doing. Allegations about the dog… it’s a terrible thing if it’s true, but that doesn’t affect custody. Pulling the arm of the child, it’s reprehensible, but it’s still not going to tip the scale,” Raoul Felder, another New York City attorney, said, according to Hollywood Life.

Typically, what is important to a judge when making decisions that could alter custody is trying to ensure the two parents can communicate so both can be involved. Seeing co-parenting in action is important in any custody case, but is still another factor that may or may not help Bethenny.