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Kevin L. O'Brien

5.0
Rating: 6.7

Licensed for 37 years

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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 16 - 20 of 47 reviews | General Knowledge

Posted by Dave | June 08, 2016 | Hired Attorney | Divorce & Separation

I highly recommend Mr O'Brien

I hired Kevin about 5 years ago to handle my divorce. From the first time I met with him he was very honest & upfront and easy to work with. One of the things that I liked about him is that he is very realistic but also very professional and levelheaded with dealing with the whole situation I was goi...ng through with my divorce. Kevin and his staff were always available and easy to reach anytime I had a question or was looking to have a meeting. They were also very prompt with getting all the documents back to me and showing up to court on time. They did an excellent job representing me when they were dealing with my ex-wife's lawyer. I have contacted Kevin 5 or 6 times over the past couple years with a couple of quick follow up questions and he always return my calls promptly and took his time to speak with me to answer the questions that I had. I think this is rare -he never charged me for any of those quick 10-15 minute follow up calls. From the first time I spoke to him 5 years ago to the last time I spoke with him a couple weeks ago every time I hung up with him I felt like I was talking to a lawyer who really cared about my situation. If you're looking for a very knowledgeable lawyer with a great personality and who is easy to work with and has a great staff I highly recommend Kevin and his staff.

Posted by John Q | May 12, 2016 | Hired Attorney | Divorce & Separation

Experienced litigator and skilled negotiator who understands the human aspect divorce

I hired Kevin O'Brien to handle my divorce, which was fairly complicated both financially and emotionally. He provides a complementary set of skills that enabled me to craft a good technical/legal strategy as well as understanding the best psychological approach to my case. He is a skilled negotiator... and his ability to work effectively with my spouse's lawyer was also a plus. In the end, I was very happy with the result of my retaining him. I came out the other end of the divorce process in good financial shape and with a favorable custody arrangement regarding my children. Kevin is an experienced pro, I highly recommend him!

Posted by Todd Bonesteel | February 03, 2016 | Hired Attorney | Divorce & Separation

Kevin O'Brien is an absolutely amazing lawyer, and friend

Divorce is one of the most difficult things a human being can go through. It’s a life changing experience that I would not wish on anyone. With that said, I have been through it three times. I was originally refereed to Kevin by a member of a father rights group in upstate New York when I went throug...h my first divorce. Kevin was absolutely incredible!! He is extremely knowledgeable of the law and the court system. He understands the dynamics of the divorce and custody process and always has valuable insight which way we should go. More than that, he treated me like a person. He always had compassion for me, my kids and my situation. And very importantly, we always discussed what was right for the kids, not just me. Now many years later Kevin and I have become good friends. He always returns my calls promptly and asks about my family before we get to business. I would highly recommend Kevin O’Brien to anyone who is about to go through and endure this process. There are not many lawyers as honorable and trustworthy as Kevin.

Posted by Matt | December 10, 2015 | Hired Attorney | Divorce & Separation

Best In The Business

You absolutely want Kevin in you corner when you go through this process. He brings to the table more than you ever will realize. Kevin has the experience and the connections so that when you walk in a room you are taken seriously. Because Kevin has seen it all he also knows what you should be con...cerned about in the future and helps create a divorce decree that protects you from bad behavior which you would never think would happen. Since Kevin included specific language in my decree, when my x tried to move the children away from me two years after the divorce, I was able to stop the action immediately. Without the language I probably would not have been able to stop the move. To this day I continue to enjoy joint physical custody of my children because of Kevin. He also included language that prevents my x from leaving my children home alone or go to a babysitter without giving me the option of spending time with them. At the time of my divorce I did not thinking I would ever need this clause, but thank goodness Kevin did. I have many other aspects in my decree similar to these. Most other lawyers don't think of these things because they don't have the experience. I know many parents that rarely see their children now because they hired the wrong lawyer. Don't make the same mistake.

Posted by Hal | November 25, 2015 | Hired Attorney | Family

Custody and Alienation

Kevin represented me in family court in a custody dispute. A petition was filed against me containing a multitude of untrue allegations asserting I was a threat to the welfare of my children in an attempt to remove me from their lives. Consequently, the judge truncated my parenting time until further... findings were brought forth. Kevin laid out the options we had to disprove the allegations and to prove alienation attempts by my former spouse. He was very forthright in telling me likely outcomes and costs of the various approaches. He was mindful about cost effectiveness. I truly believe Kevin took a personal interest and concern for my situation. We ultimately had my children speak with the judge, had a psychological evaluation performed and drug and alcohol testing and evaluation. Ultimately, after several court appearances the judge agreed that alienation was apparent and dismissed all of the allegations, reinstating my parenting time. I discussed with Kevin the prospect of litigation to gain full custody of my children. He said he would do what I ever I wanted but did not believe it was in my best interest to go to trial, as the cost would be high and the outcome questionable. In summary, I highly recommend Kevin as a matrimonial attorney. He's extremely knowledgeable, he's fair, he's honest and he cares.

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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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