Bethenny Frankel to Miss 'WWHL' Appearance as Custody Trial with Ex Jason Hoppy Begins

Bethenny Frankel‘s custody battle against ex Jason Hoppy continues.

The Real Housewives of New York City star and her ex-husband are both appearing in court in New York City on Monday to begin a custody trial over their 8-year-old daughter Bryn.

Frankel is seeking primary custody and full decision-making power over Bryn. Hoppy wants to keep the current joint custody arrangement the same.

The trial is only expected to last a few days but will interfere with Frankel’s promotional schedule for the upcoming season of RHONY.

While the reality star was expected to appear on Watch What Happens Live with Andy Cohen this week to celebrate the return of the show, she has decided to skip the appearance due to the legal proceedings.

“RHONY is kicking off its new season on Wednesday, but Bethenny won’t be doing any press or interviews this week to promote the show,” a source tells PEOPLE. “She’s really excited for the new season, but her focus this week is her daughter.”

In October, a judge shut down Hoppy’s request that Frankel undergo drug and alcohol testing.

Judge Michael Katz ruled there wasn’t sufficient evidence to order such testing, telling Hoppy, “I think you are trying to exploit Ms. Frankel to embarrass her. The appeal is denied.”

Hoppy and his legal team had argued Frankel’s drinking on the Bravo show —and the apparent fatal overdose of her on-off boyfriend Dennis Shields in August — should require her to submit to an emergency drug test, previously citing “downright dangerous parenting.”

Frankel’s lawyer, however, insisted that she had no evidence that Shields had a drug problem, adding that her on-screen drinking was simply entertainment for the show.

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“With respect to Dennis, the judge said [Hoppy and his team] were trying to use his death to their advantage,” a source familiar with the case told PEOPLE. “The clear implication being that it was inappropriate that they were trying to use that tragedy.”

Frankel, 47, and Hoppy, 48, have been fighting over custody of Brynn for years. After a whirlwind romance, the Skinnygirl mogul learned she was pregnant, and they got married in a lavish televised wedding in 2010, welcoming their baby girl shortly after. Then, things turned ugly. They separated in December 2012, and their protracted divorce was finalized in July 2016, though they’ve been stuck in messy court proceedings; she accused him of stalking and harassing her in 2017.

Though they met almost 30 years ago, Frankel and Shields began dating on and off in 2016. He was found found dead of a suspected overdose in his Trump Tower apartment on Aug. 10. He was 51.