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Kevin L. O'Brien

5.0
Rating: 6.7

Licensed for 37 years

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About Kevin

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Licenses

Licensed in New York for 37 years

State: New York

Acquired: 1989

Currently Registered

No misconduct found

Location

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Kevin L. O'Brien's Reviews

Avvo Review Score

5.0 /5.0

180 Client Reviews

Showing 171 - 175 of 180 reviews

Posted by Anthony | February 22, 2015 | Divorce & Separation

Not too much and not too little.

The separation and final divorce proceedings took place over a few years. Kevin let US do work at times so the legal process could step in as needed and check with us. Then Kevin and his team were able to be efficient, working at the right times and with a proper concentration. The team was always a...vailable, and responsive to specific question or concerns.

Posted by Vincent | February 22, 2015 | Child Custody

Perfectly Professional & Amazingly Able

I retained Kevin O'Brien upon the recommendation of several parents who had experienced considerable difficulty and outright discrimination in custody proceedings. Like them, I was facing seemingly insurmountable bias throughout the proceedings based upon some notion that I was the lesser parent whic...h, in turn, was based largely on antiquated views of parental roles. To say the least, I was distraught when I turned to Kevin. As an attorney myself, I could not have been more impressed with his professionalism, understanding, and competence. He was a real comfort to me, as well as an amazingly capable lawyer. Not surprisingly, Kevin O'Brien is extremely well-respected and completely trusted by the judges and by other lawyers--which is critical when those lawyers are representing the opposing party in litigation. They know that he is utterly honest and fair and reasonable. Make no mistake, he is extraordinarily zealous and capable in advocating for his clients. At the same time, however, he always conducts himself honorably, courteously, respectfully, and with absolute integrity. So he is trusted by the judges, by opposing counsel, and by his clients. To make the point as emphatically as I can: by the time my custody proceedings were finally winding down, my ex thought the world of Kevin, trusted Kevin, and even in open court made known that Kevin's representations to the judge were more accurate than my ex's own lawyer's were. Finally, the ultimate disposition of the custody dispute was agreeable to both my ex and me--among other things, I was not limited to a visitation every other weekend as the Judge had originally wanted to order, and which Kevin was firm in rejecting. Instead, the result was joint/shared custody and, owing in no small part to Kevin's advice, as well as his trustworthiness and fairness and respectful conduct toward my ex, a very amicable divorce. Indeed, over the years, the result has been extraordinarily flexible and cooperative and mutually supportive co-parenting. This outcome would surely have been much less likely and more difficult to achieve if it were not for Kevin O'Brien and the manner in which he handled everything and treated everyone involved. He is absolutely wonderful. I've recommended Kevin to countless others who are going through matrimonial difficulties and have sought my advice. When I hear back from them, they rave about him and are extremely grateful to me for the recommendation. What more can I say? I think the world of Kevin O'Brien.

Posted by Gina | February 22, 2015 | Divorce & Separation

Good Advocate When Needed Most

Mr. O'Brien proved to be just the advocate I needed for my marriage dissolution. He guided me through the process, stayed on track in a timely manner and didn't "use" time for non-legal matters. Would highly recommend him and his firm.

Posted by Mike | February 22, 2015

Professional and compassionate

Kevin helped me through the most difficult period of my life. His obvious experience and knowledge allowed me to feel comfortable as he led me through the necessary process. He was very direct in his explanations, leaving no ambiguity so when I had to make decisions I felt I completely understood m...y options.

Posted by Jim | February 22, 2015 | Child Custody

Against the Tide

Through a difficult custody battle, Kevin was able to provide the needed counsel for an outcome that was better than I could have imagined given the father's oftentimes one down postion in family court. He made all the difference in the world.

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

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