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Kevin L. O'Brien

5.0
Rating: 6.7

Licensed for 37 years

Lawyer

About Kevin

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Licenses

Licensed in New York for 37 years

State: New York

Acquired: 1989

Currently Registered

No misconduct found

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Kevin L. O'Brien's Reviews

Avvo Review Score

5.0 /5.0

180 Client Reviews

Showing 6 - 10 of 12 reviews | Child Support

Posted by Skeeter | September 20, 2017 | Hired Attorney | Child Support

Life Saver and Friend

Divorce is very emotional scary, even more so when you are leaving an unhealthy, controlling, and abusive relationship. You find yourself with not a lot of confidence and courage, and in my case not realizing what my children and I deserved (after years of being told "I would get nothing because not...hing is in your name"). Mr. O'Brien made sure my children and I were first and foremost safe! Making sure we had an order of protection in place. Then he went to battle for what we deserved. He has set us up for a bright future. He was very diligent in making sure that we were given the assets, equity in the home (none which were in my name), support, education, and navigating the very difficult Military Pension system to make sure my children and I were given what was fair and entitled. I can never put down in words what he has done for my children and me. Some moments he was very tough with me, because he knew we deserved and he wasn’t going to let me go without that! He is extremely professional and confident. I not only hired a Warrior for my family, Kevin will forever be a hero and a FOREVER FRIEND to me!! We are now at that light at the end of the long dark tunnel thanks to him!!

Posted by John | September 20, 2016 | Hired Attorney | Child Support

Support/ Child Custody

I currently live in Alaska and needed to be represented in NY for Child support and Custody. The first Consult with Kevin O'Brien was while I was in Iraq. During the consult, while discussing my case I felt at ease and hired his firm to represent me through the entire case. This was not a normal cas...e of divorce with children, my case was bifurcated between Alaska and NY. Kevin O'Brien worked with my Alaska representation to ensure that between different State jurisdictions all aspects were covered and they were both working on my behalf towards one goal. Kevin was always available and responsive to any and all questions that arose and gave me straight and to the point advice of direction to proceed but as we moved through the process It my direction assisted by his council that direct the case.

Posted by Rubydee | June 20, 2016 | Hired Attorney | Child Support

He was stable and consistent during my storm! #ThankYou

Kevin and I worked great as a team on and off for 6 years from about 2005 until 2011. He was there for me every time I called and saw me through my divorce, my custody order and my child support proceedings. Aside from God, who led me to Kevin, he's what kept me grounded, assured, and confident dur...ing some of the darkest and scariest days. Divorces can get ugly, but I was comforted with Kevin on my side assuring me that I could get exactly what I sought, and I did!! Yes, he's experienced and knows the law, but he also understands his client's and speaks in your language. He's analytical, creative, equipped with great interpersonal skills and perseverance and will get the job done!

Posted by Adrian | May 09, 2015 | Child Support

My Guardian Angel

Kevin represented me through the course of a bitter divorce and has remained my attorney to safeguard my children's welfare and other post-divorce legal issues . He is the consummate professional , with an encyclopedic knowledge of the law, thus there are no "surprises" in the weary painful processes.... However what separates Kevin from other technically superb attorneys is his humanity. When you are his client he is totally committed to your legal needs , but also your personal welfare. It is obvious you matter to him , your fight is his fight , he cares about your anguish , your anxiety and fear , even your heartache. While he tells you the sometimes harsh reality of your situation , not just "what you want to hear", he clearly appreciates and understands your distress and tries to offer you support and kindness. He was truly an advocate for me and my children, and remains so to this day , always there to offer advice and guidance , and in the initial legal proceedings fighting tirelessly for an ultimately fair and satisfactory outcome. Under his guidance , and 'protection" my assets and earning potential were not devoured , I have been able to support my children , provide for their needs, assist them to attend excellent colleges. Being our attorney is a role he performed with dedication , kindness and good humor. It is a tribute to his devotion that my children say at the first sign of a problem , "Dad , call Kevin!" . I have recommended him to a number of friends and colleagues and their approval of his efforts on their behalf has been unanimous. I would not hesitate to recommend Kevin O'Brien to anyone in need of outstanding legal representation - they will not be disappointed. I consider Kevin to be my attorney , my "guardian angel" and am honored to consider him my friend.

Posted by Joe | April 22, 2015 | Child Support

Kevin got the result I was hoping for

Having been through a divorce 4 years ago, I found myself faced with my ex wife bringing me back to court over an ‘adjustment’ in child support. My past experience told me I needed better representation than I had before. Mr. O’Brien came highly recommended by a co-worker. I spoke with him directly... and we went over my case and options. When my day in court came, it ended in my favor. I can’t thank him and his staff enough. I highly recommend Mr. O’Brien, and I will call him again if need be. Thank you.

See All Client Reviews

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Experience

Rating:  6.7 (Good)

Sample of Legal Cases

ZB v. SS, (New York State Family Court, Chemung County, 2017)

Father granted sole legal and physical custody with Mother getting one weekend of parenting time per month.

In the Matter of T.O. (Albany County 2017-07-11)

The Department did not have sufficient evidence to meet the higher evidentiary burden of proof, therefor the relief sought by Appellant was granted and the indication unfounded.

B. v. B. (New York State Family Court; County of Saratoga, 2015)

After trial, Court granted child's attendance at boarding school. It was in the child's best interest to attend. Father was not credible on direct or indirect testimony. Relocation claim denied as mother's burden for travel.

Shedden v. Shedden (New York State Supreme Court; County of Rensselaer, 2014)

After trial, wife denied any portion of medical practice; wife received reasonable maintenance and attorney's fees.

Bonocoro v. Bonocoro (New York State Supreme Court; Courty of Saratoga, 2013)

After trial, husband received 80% of business, wife received 20% of business; Court found wife was capable of seeking gainful employment, no maintenance, no attorney's fees.

G.F.H. v. K.M.B. (New York State Family Court; County of Tompkins, 2013)

Court held change of circumstances; mother given sole custody of three children. The fourth, a teenager, remained with the father, per her request, and per her strained relationship with the mother.

DeRuzzio v. Ruggles, 88 A.D. 3d 1091 (3rd Dept. 2011)

Court upheld Family Court's dismissal of Petitioner's petition. Providing the minor with a wine cooler on one occasion, while "inexcusable," was an incident in isolation; Petitioner's other arguments were dismissed because they were without merit.

Griffith v. Griffith (New York State Supreme Court; County of Rensselaer, 2011)

After trial, Court denied husband's relief because parties had relations during one-year period prior to his commencement of the divorce action.

T.O. v. R.O. (New York State Family Court; County of Rensselaer, 2011)

The de novo review ordered Mr. O.'s child support be based upon his current annual income - 25% for his two children - from the date of the filing of the petition.

Gasparro v. Edwards, 85 A.D.3d 1222 (3rd Dept. 2011)

Family Court Decision upheld wherein father had proved a sufficient change in circumstances and was awarded primary physical custody, in part due to Respondent's poor judgment, chaotic living situation, mental health concerns, and her work history.

In the Matter of the Appeal of P.G. Pursuant to Section 422 of the Social Services Law (Montgomery County, 2011)

Agency did not prove by a preponderance of evidence Appellant committed acts of child maltreatment. Report amended to unfounded and sealed. Question of whether maltreatment alleged is relevant and reasonably related to childcare need not be addressed.

Griffith v. Griffith (New York State Supreme Court; County of Rensselaer, 2010)

After trial, husband's claim denied because he could not prove allegations that it was unsafe or inappropriate for the parties to continue to reside together.

Gasparro v. Edwards (New York State Family Court; County of Saratoga, 2010)

After a trial, the father was designated primary parent. Best interests of the children demanded same considering each parent's home enviroment, fitness, stability, and ability to provide for the children's intellectual and emotional development.

Warchol v. Warchol (New York State Supreme Court; County of Albany, 2010)

After trial, Defendant's Motion denied; Plaintiff's Motion granted with costs and attorney's feees. Additional factual issues preserved for further proceedings.

Warchol v. Warchol (New York State Family Court; County of Albany, 2009)

After trial, Court held Respondent to pay child support for his daughter. Child support ordered over the cap was justified, in part, due to the reduction in Respondent's expenses paid by the family company. His petition was dismissed.

Murphy v. August (New York State Family Court; County of Albany, 2009)

After trial, change in circumstances was determined, wherein Respondent directed to pay child support. However, strict application not applied due to the circumstances and the financial resources of the parties.

Chopra v. Chopra (New York State Supreme Court; County of Nassau, 2008)

After trial, the Court denied the husband's claim for cruel and inhuman treatment, abandonment, and adultery. The Court held the husband's testimony to be unworthy of belief.

Parnes v. Parnes, 41 A.D.3d 934 (3rd Dept. 2007)

Defendant liable for past-due maintenance arrears; agreement clear and unambiguous; wife was awarded counsel fees because Defendant did not meet his burden of proof. However, no contempt found, as less drastic remedies were not used first.

R. v. R. (New York State Family Court; County of Fulton, 2006)

After 14 days of trial, the father proved change of circumstances. The children of the marriage were placed with him, under severe restrictions for both parents, including, but not limited to, seeking psychiatric counseling.

In the Matter of D.L.B. v. John A. Johnson, as Commissioner, et al., 19 A.D.3d 799 (3rd Dept. 2005)

Court found no merit to the arguments. Record supported removal and affirmed indicated reports.

In the Matter of the Appeal of D.D., Pursuant to Section 422 of the Social Services Law

Since maltreatment was not established by a fair preponderance of the evidence, the indicated report was amended to unfounded, with the records being sealed.

In the Matter of the Appeal of D.B., Pursuant to Sections 400 and 422 of the Social Services Law

Appellant's request to amend the indicated report was denied. Same was relevant and reasonably related to child care issues.

C.F. v. J.F. (New York State Family Court; County of Columbia, 2003)

Court awarded father with sole legal and physical custody of his son; father having proved a change in circumstance based on the mother's alienation.

B.C.B. v. P.N.S. (New York State Family Court; County of Schenectady, 2002)

After several days of trial, the Court held there existed a substantial change of circumstances, and awarded Petitioner sole legal and physical custody of his daughter.

In the Matter of Catherine, 280 A.D.2d 732 (3rd Dept. 2001)

Family Court's decision was affirmed. Petitioner established by a preponderance of the evidence Respondent's neglect of the child due to his failure to exercise a minimum degree of care.

In the Matter of LEE TT., 87 N.Y.2d 699 (1996)

Standard use by DSS to deny expunction request violated due process. DSS at Fair Hearing must us some credible evidence.

Szot v. Iannone, (New York State Supreme Court; County of Albany, 2009)

After trial, Court granted husband a divorce on the grounds of cruel and inhuman treatment, finding that anger, violence, and disparaging remarks by the wife and her son toward the husband served as a medical nexus to worsen husband's heart condition.

D. v. D. (New York State Family Court; County of Columbia, 2009)

After trial, father's petition was dismissed. The Court found his testimony inconsistent, and held that the mother having supplied alcohol to her 15-year-old on one occasion did not warrant a change in custody.

Williams v. Williams, No.: 514199 (3rd Dept. 2012)

Wife granted long-term maintenance, attorney's fees, and equitable portion of husband's pension, despite his objection to some financial accounts.

Yaghi v. Catalano, 84 A.D.ed 1521 (3rd Dept. 2011)

Husband could not prove he had an interest in the wife's business.

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Education

2008

Albany Law School

LL.M - Master of Laws

1987

Western New England University School of Law

JD - Juris Doctor

1982

State University of New York, Albany

Master of Arts

1979

State University of New York, Albany

BA - Bachelor of Arts

Languages

English

Avvo Rating

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