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

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Bethenny Frankel‘s ex-husband has brought the death of her on-off boyfriendDennis Shieldsinto theircontentious custody battleover 8-year-old daughter Bryn.

At a previously scheduled hearing Thursday, theReal Housewives of New YorkCitystar asked for primary custody and full decision-making power.Jason Hoppy, however, expressed his desire to keep the current joint custody arrangement the same.

After the judge set a date for a trial on Frankel’s request, Hoppy’s attorney Robert Wallack referenced reports that the New York banker died of an apparent overdose. (Shields wasfound deadin his Trump Tower apartment Friday at the age of 51. The toxicology report has not yet been released.)

“Our concern is while his death is very sad this raises serious concerns about Ms. Frankel’s parental judgment,” Wallack said,according toPage Six. “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? This doesn’t just constitute a lapse in judgment this was just downright dangerous parenting.”

Page Sixreports that Frankel teared up during the hearing, and that Hoppy’s lawyer requested that she be tested for drugs. The judge was reportedly “skeptical” of this argument given Hoppy 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.

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Though they met almost 30 years ago, Frankel and Shields began datingon and offin 2016.

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After losing him,Frankel is “devastated,”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.

As PEOPLE exclusively reported, Shields evenproposed to herin April.

“She would have loved to have married him, but there were some hurdles to overcome first,” the source said.

source: people.com