Bethenny Demands Full Custody To 'Protect' Daughter From Jason On Day 1 Of Trial
Mar. 4 2019, Updated 9:07 p.m. ET
Bethenny Frankel and Jason Hoppy have been fighting over custody of their daughter Bryn for years – and they're finally going head-to-head in court. RadarOnline.com can exclusively reveal Hoppy took the stand on day one of their nasty trial to request that their joint custody agreement remain the same.
The Real Housewives of New York star and her ex-husband appeared in a Manhattan courtroom on Monday, March 4 for day one of their contentious custody trial over the 8-year-old.
Frankel, 48, who wore a black dress, and her lawyer, Allan Mayefsky, gathered around a conference room table with Hoppy and his lawyer, Robert Wallack, before the start of the trial.
Judge Michael Katz addressed Frankel's motion to modify their current custody agreement, as her lawyer argued the current joint custody agreement is "no longer viable."
At the start of the trial, Frankel's lawyer gave an opening statement, requesting she be granted sole custody and full access to Bryn.
"Why are we doing this? To protect the child," her lawyer argued. "The father's behavior before and after their marriage is extremely harmful to Bryn. His abusive behavior towards her not only damages her relationship with her mother, but to everyone else in her life."
He continued, "We need to protect the mother. His anger at her for pursuing this divorce is evident. Frankel requested a criminal restraining order. It continues to this day up until these proceedings."
Mayefsky then accused Hoppy of locking her late dog Cookie in a storage closet, using his emails to disintegrate her age, looks and mental health, sending her over 500 emails in a 90-day period, and more, as addressed in the past.
"All of this abusive behavior is his refusal to take responsibility," her lawyer said. "The schedule must change."
He then accused Hoppy of degrading her in front of Bryn.
"Mr. Hoppy will continue to be controlled by his emotions," he continued. "His need to sign up for every field trip, and hover her when she is in contact with her mother shows he is out for competitive parenting, not in the best interest of Bryn."
Hoppy's lawyer then gave his opening statement.
"On June 4, 2014, the parties entered into a Custody Agreement whereby they agreed to share joint legal custody and equal parenting time of Bryn," he said in court.
He admitted his client was "wrong" for his past actions.
“Simply put he acted in appropriately at times and said and did things he shouldn’t have done,” he said.
"But the parties weren’t unableto make education decisions together. They weren’t unableto make medical decisions together. They weren’t unableto make religious decisions together. They weren’t unableto make decisions about Bryn’s extracurricular activities together. Then in January 2017, Bethenny goes to the police with her packet of emails and has Jason arrested."
'And Jason’s response through his lawyer was this: we’ve had a contentious divorce that’s played out in public for nearly seven years. I just want to move on. Bryn is doing great and my focus is on raising her in an environment free from unnecessary litigation and invasive media attention."
"While Bethenny seems intent on making this trial about her and Jason, and about the alleged issues between the two, this Court must instead be guided by what is best for this child," Wallack continued. "And the evidence will show that Bryn is happy, healthy, smart and well-adjusted."
"There's the old idiom, 'If it ain't broke, don't fix it.'"
Hoppy's legal team continued Bryn has a loving relationship with both parents and wants to "continue to spend an equal time with both parents."
He called the trial an "unnecessary evil."
"You Bethenny, and you Jason, are the lucky ones," Wallack added. " And in the heat of this litigation, I don’t think either of you fully realizes just how lucky you really are. You’re both healthy, and happy and financially secure. And you have people who love and care about you, and who are there to support you...Focus your energy on her, instead of fighting over her in court. Think about Bryn first. Love her. Support her. Abide by the agreement you made, for her."
Hoppy then took the stand.
When Frankel's lawyer asked if he was angry with Ms. Frankel after the custody agreement, he responded, "It was a contentious time."
"I've taken responsibility the past three years, I just want to move on," he said. "I take full responsibility for my actions at the time. I regret a lot of things I sent her."
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