Jason Hoppy, Bethenny Frankel and Dennis Shields.Photo: Raymond Hall/FilmMagic; Robert Kamau/GC Images; Alessio Botticelli/GC Images

3way

Amid their protracted custody battle,Bethenny Frankel‘s ex-husband Jason Hoppy hasexpressed concernabout the reported cause of death of theReal Housewives of New York Citystar’son-off boyfriend Dennis Shields— but will it influence the judge’s decision?

At a previously scheduled hearing on Thursday, Hoppy’s attorney Robert Wallack referenced reports that the New York banker — who wasfound deadin his Trump Tower apartment last week at the age of 51 — died of an apparent overdose.

“Dennis Shields spent a great deal of time with Bryn and even cared for Bryn at times when Ms. Frankel wasn’t around. Considering Mr. Shields’ addiction, what does that say about Ms. Frankel’s parenting that she would allow this person to care for her daughter?” Wallack said, according toPage Six. “This doesn’t just constitute a lapse in judgment, this was just downright dangerous parenting.”

While Frankel is asking for primary custody and full decision-making power over 8-year-old daughter Bryn, Hoppy has expressed his desire to keep the current joint custody arrangement the same.

Amanda L.F. Harris, a lawyer at Eiges & Orgel Divorce and Family Law tells PEOPLE that because Shields wasn’t living with Frankel and her daughter before his death and because he allegedly “overdosed on prescription medication for back pain, Jason would have to demonstrate that Bethenny knowingly exposed her daughter to someone who was actively using a substance prescribed or otherwise illegally [acquired] essentially.”

She went on to explain that Hoppy would have to prove, “1. That the child had been exposed. 2. That the boyfriend was using drugs in the presence of the child. [and] 3. That the child’s safety at any point was an issue.”

“If Jason was able to show any of that with Dennis Shields it could potentially impact custody, but it’s a lot to show,” she adds.

Jason Hoppy, Bethenny Frankel and Dennis Shields.Raymond Hall/FilmMagic; Robert Kamau/GC Images; Alessio Botticelli/GC Images

3way

However, Kenneth Eiges, an attorney specializing in family law, says that Shield’s interaction with the 8-year-old girl is something “a judge would not look very kindly on.”

“But that would be the first thing someone would set the tone of the hearing with,” he adds. “It’s a factor and would not be looked at kindly.”

Page Six previously reported that the judge was “skeptical” of Hoppy’s argument, given that he had already expressed his desire to continue sharing custody. He said Hoppy was “throwing grenades”in the proceedingsand set a March court date for Frankel’s requests.

RELATED VIDEO:Bethenny FrankelSays She ‘Never Knows Exactly’ Where Relationship Stands with On-Again, Off-Again Boyfriend

Philip Ramey/Corbis/Getty

BETHENNY FRANKEL AND JASON HOPPY CUDDLING AT THE LAKERS GAME

Though they met almost 30 years ago, Frankel and Shields began dating on and off in 2016 — and as PEOPLE exclusively reported, Shields evenproposed to herin April.

After losing him, Frankel is “devastated,” a friend told PEOPLE, explaining that she leaned on him throughout her seemingly never-ending divorce.

“She loved him. He was her family and Bryn’s family. Bryn loved him. Dennis was Bethenny’s partner, her family, her business partner and her best friend,” the friend said.

A source also told PEOPLE that Frankel “would have loved to have married him, but there were some hurdles to overcome first.”

source: people.com