According to divorce lawyers, it is not going to be easy for Bethenny Frankel to get primary physical custody of her and Jason Hoppy’s daughter, Bryn, 8. As fans know, the two are battling it out in court following their split.
Apparently, it is not very likely that any court is going to disrupt their previous joint agreement.
Attorney Leon Mindin, based in NYC, explains via HollywoodLife that the outcome of the case ‘is difficult to predict. 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.’
He goes on to say that their current custody agreement, that splits their legal and physical rights over the child evenly can be modified only if the reality TV star can prove that there’s been a significant change in circumstances in the time following the last order.
While Frankel has accused her ex of some problematic behavior, like mistreating their family pet or grabbing Bryn’s arm, the lawyer stated that it is not enough for her to prove that he is a danger to their kid.
New York divorce attorney Raoul Felder also stressed that ‘All these things they are complaining about does not mean he or she isn’t the better parent. If Bryn was a bit older, like if she was 16 or something, then the role model question comes into play. But she’s an 8-yr-old child; she wants her mother, and she wants her father.’
That being said, the legal expert made it clear that any judge will choose what is in Bryn’s best interest and that is to have both parents in her life in equal amounts.