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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

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Kevin L. O'Brien's Reviews

Avvo Review Score

5.0 /5.0

180 Client Reviews

Showing 26 - 30 of 47 reviews | General Knowledge

Posted by Adell | May 04, 2015 | Divorce & Separation

He was my angel

Mr. O'Brien has served as my attorney for years, providing legal advice and counsel to me through a very difficult divorce. The end of a thirty-five year marriage is never easy, but Kevin really helped me get through that time in my life. I not only consider him to be my attorney, but he has become a... very dear friend. He is professional, honest, conscientious and courteous. While in the Court room, Kevin is highly driven in getting results, but never seems to lose sight of the needs of his clients and is very empathetic when needed. During my tumultuous divorce, there were many times where money became an issue and Kevin worked pro bono to help me obtain what, we felt, what was rightfully owed to a spouse after such a long marriage. I am disabled, and often times was unable, both physically and emotionally, to attend court, yet Kevin would graciously attend on my behalf and later rearrange his schedule to meet with me, after hours and after my doctor appointments, to ensure I had a good understanding of my case. Kevin is confident in his work and knowledgeable of the law. He has a natural gift in reacting to unforeseen circumstances while maintaining his composure and making one feel at ease. I would certainly recommend Kevin for legal counsel and can say with the utmost confidence that he will deliver results and will work hard in ensuring his clients are not only pleased with his services, but are truly "winners" in the end."

Posted by Barbara | April 27, 2015 | Family

A Better Life for My Grandchildren...

I had not heard from my son and his family in eight years. When I did, I found out that his life had totally fallen apart. His wife had left him, his newborn baby was in Foster Care, and he and his two daughters were living in a welfare motel. He had lost his business and literally had nothing. I was... beside myself thinking about my grandchildren and what they must be going through. I had helped my son and his family previously, but my help only made matters worse. There was substance and physical abuse in the home, and I knew that my grandchildren were growing up in chaos, and now a new baby boy was living with strangers. I was heartbroken. I did not know what to do to help the children, and wanted what was best for them. I knew that Child Protective Services would remove the children from the home if things did not improve. I found Kevin O'Brien's name in the phone book and called his office. I made an appointment to meet with him a few days later. After discussing my situation with Mr. O'Brien, and listening to his very sound advice, I felt calmer and convinced that he could help me. Mr. O'Brien had been a Family Attorney for many years and knew the law and agreed to appear with me at the hearings in Family Court. Initially, Mr. O'Brien and I had petitioned the court for visitation for me with the children. I felt that I could tell if they were being adequately taken care of, that their needs were being met, and that there was stability in their lives. As time passed, it became obvious that my son's wife had returned and was again living in the house. Child Protective Services called to tell me that the children would be removed from the home. Before a court date could be scheduled, my son and his wife fled the jurisdiction of Family Court, taking their three children with them. I contacted Mr. O'Brien and we attended the hearing in Family Court where the judge ordered the removal of the children from the home. By that time, the Child Protective Services had located the family in Florida. My son's wife had been arrested there, and when she was released, my son again fled that jurisdiction and left for Virginia. While I was in court for the hearing for the removal of the children, Mr. O'Brien asked me if I would consider changing my petition from visitation to custody of the children. I agreed. Mr. O'Brien asked the judge to consider changing my petition from visitation to custody. After some deliberation and discussion with Child Protective Services, she agreed. She asked me how I would take custody of the children and I said I would drive to Virginia to pick them up. With her Order of Custody in hand, I drove to Virginia to pick up my grandchildren. My son refused to bring them to the area Police Station and the police department would not accompany me to his house. Fearing for my safety, I called Mr. O'Brien to tell him this. He suggested that I come back home. While I was enroute, he discussed my case with an associate in his office and asked her if she would agree to accompany me to Virginia to see if she could expedite my Order of Custody. One week later, we returned to Virginia and picked up the children without incident. My son and his wife have tried unsuccessfully several times to regain custody of their children -- but with Mr. O'Brien at my side, they have failed. Eventually, my son's wife left him again. My son visits his children in a supervised setting twice a month. They have been with me for four years now, are settled in school and in this small community, surrounded by family and friends. I know their lives are more settled now -- they say it and they believe it. Thanks to Mr. O'Brien's knowledge of the system, his kindness and his extraordinary compassion.

Posted by Andrew | April 22, 2015 | Divorce & Separation

Divorce Attorney

Going through a divorce is an extremely stressful time. Emotions are high. Battle lines are drawn. Kevin is the kind of lawyer you want on your side. He is intelligent and well versed in the law. He knows which points are worth fighting for and which are not. He has moral integrity which I have found... is notably absent from many lawyers I have dealt with. I felt Kevin was truly there to help me get through the process as painlessly as possible. He was not there just to spin the file or to create conflict as some do.

Posted by Robert | April 17, 2015 | Family

He made a difficult situation bearable

Kevin was recommended to me by a lawyer friend. I saw why immediately. During our initial consultation I felt I was in the right hands. I had many questions written down, but realized quickly that I could discard that paper as Kevin had "all the bases covered".His concern about the entire family situ...ation, not just my own makes me look back at the fairness of the entire process. When I wanted to "get tough" on certain issues we discussed why we should or should not follow my thoughts. No matter what the issues where on the table during our sessions,I always left Kevin's office with a calm feeling that the right thing was being done. Most importantly, as I write this review,is that the aftermath of the entire process was done fairly, and because of Kevin's handling of my children's future, along with fairness for my former spouse,has allowed me to relax and know that things were handled the right way. Thank you Kevin L. O'Brien

Posted by Jo | April 09, 2015 | Divorce & Separation

In an emergency-Kevin's the best

I was involved in a very difficult divorce, involving domestic violence. I called Kevin on New Year's Eve with an emergency. He responded to me immediately. Kevin was knowledgeable, extremely responsive and compassionate. He told me what my options were and we decided the best course of action for m...y case. Kevin's representation changed the course of my divorce and he lead me through the legal system to obtain the best possible result. Thank you Kevin!

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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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