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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 21 - 25 of 47 reviews | General Knowledge

Posted by Tim | September 16, 2015 | Hired Attorney | Divorce & Separation

Family Law Professional

If you have the misfortune to need a family court attorney because of divorce or child dependent matter, I would recommend Kevin O'Brien of Albany. This is a scary and difficult area of our culture. Families do break up and there are a lot of emotional and irrational things that happen. Kevin su...cceeded, in my opinion, to give me a precise matter-of-fact counsel to what needed to happen and what the specific Courts/Judges/Magistrates/System would do. You often won't think the process is logical or fair or the gray areas in your "agreement" is acceptable. Kevin cuts through all that quickly and gives you what you should do. He is not one of those guys that pushes the court process for his own self-interest in fees. If necessary, he will be tough and direct to the court and the opposing side. He can do that. He also is good at providing you the straight kind wisdom you are going to need on occasion. My recommendation is get to the point of that agreement on taking care of you & yours interest in a meticulous quick way. Kevin O'Brien is a valued attorney in providing that counsel.

Posted by Al | August 11, 2015 | Divorce & Separation

Attorney Endorsement

Kevin did an excellent job leading his team to manage my divorce. From the initial consultation to preparation for the final meeting with the judge, Kevin was honest, candid, and supportive. I greatly appreciated Kevin's command of the legal terrain, as well as his patience and guidance in getting me... up to speed about what I was in for and would be up against during the divorce process. Three of Kevin's strengths stood out during my case: His careful consideration of options that would achieve the most equitable outcome; his capacity to anticipate and preemptively address issues and problems throughout the process; and his willingness to advocate firmly for me with opposing counsel when the process demanded it, which it eventually did. So often it seems, the only way to manage big personal challenges (like divorce) is through it. I am grateful for Kevin's leadership and counsel to get us through and on to better things and places. Thank you Kevin.

Posted by anonymous | June 30, 2015

Loyal, trustworthy and in your corner.

Kevin is approachable, loyal, trustworthy and in your corner. From my experience he maintained my privacy while helping me to comprehend where I stand in my case. At each turn Mr. O'Brien has been able to quickly analyze optional solutions to stay steps ahead allowing for choices rather than to sim...ply react in the progression of my situation. I must commend Mr. O'Brien on his communication techniques, never at any time did I feel dodged or put aside, actually the opposite. I was contacted often and given plenty of availability to his time, sometimes with professional insight at no charge. Kevin O'Brian has a great deal of knowledge and integrity And with MY best interest at the forefront. I searched through many attorneys, finding many jack asses who are focused on themselves, billing and personal convenience. Kevin O'Brien focused on me even with my crazy schedule.

Posted by anonymous | June 12, 2015 | Divorce & Separation

Handled a complex case well

My divorce case involved a large variety of variables and factors with a relatively high degree of complexity (including valuation of degrees, cultural components, allegations of theft and abuse, determination of maintenance, personal property disputes), and Kevin provided a steady guiding hand to he...lp me navigate the often murky waters. At the very end when final negotiations before settlement became even more contentious his advice saved me considerable heartache. When the case called for an expert (in valuation of the degree) he recommended someone who was just as excellent as he was. He is exceedingly calm and collected under pressure but also very shrewd and knowledgeable. He speaks clearly and keeps communication to what is necessary and pertinent. He is easily accessible and always took my calls or called me back promptly. In a time of a great deal of anxiety and uncertainty he was able to provide reassurance, guidance, and most importantly a glimpse of the light at the end of the tunnel. I would gladly work with him again, though hopefully I never have to!

Posted by Adrian | May 09, 2015 | Divorce & Separation

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.

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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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