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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

Location

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Kevin L. O'Brien's Reviews

Avvo Review Score

5.0 /5.0

180 Client Reviews

Showing 31 - 35 of 39 reviews | Communication Style

Posted by Alex Schyljuk | March 05, 2015 | Divorce & Separation

A Great Attorney!!!

I have been a client of Kevin's for 6 years, having originally had Kevin represent me through a separation and divorce. Kevin provides sound legal and pragmatic advice and options - always providing his vast experience in outlining potential risks and outcomes. Kevin can be tough when warranted in a ...negotiation though - but always from a position grounded in facts and law. Lastly, he talks to everyone as a peer, never down to them or condescending. Additionally, Kevin ALWAYS calls back. This is important in that, a divorce can be difficult and emotional. As such, Kevin's passion for staying in communication helps ease some of the emotion in the situation. Net - I would highly recommend Kevin to anyone who needs sharp, smart, responsive representation.

Posted by Bryan | March 02, 2015 | Real Estate

New House Closing

My fiancee and I had a wonderful experience working with Kevin O'Brien for the purchase of our first home. We knew going in that buying a new home was going to be an overwhelming, intimidating experience; however, Mr. O'Brien made us feel very comfortable. He clearly and concisely explained the entir...e home buying process and kept us abreast via email and telephone how the purchase was progressing. Mr. O'Brien promptly returned our phone calls and emails whenever we had questions which made the purchase more enjoyable. The closing was executed on the date promised and the transaction went very smooth. As new home buyers, we were very comfortable working with Mr. O'Brien and highly recommend him to anyone looking or for closing attorney.

Posted by Barbara | February 25, 2015 | Divorce & Separation

Highly Recommend!

Kevin was recommended to me by an attorney friend who has worked on cases with Kevin for many years. I unexpectedly was facing divorce, custody, visitation, and child support. My friend felt Kevin would be a great choice for representing me...and he was, without a doubt the right choice. My first cal...l to Kevin was late in the day, he called me back that same evening, and I had my first appointment with him the next day. I looked no further. Kevin is very professional, compassionate, personable, understanding, highly capable, and well respected by his colleagues. He and his staff were always very attentive, always on time, answered every telephone call and email (beyond 9 - 5), and worked with my own schedule. He is very straight forward, honest, and reasonable in his guidance. He kept me focused on the important issues, not the small or emotional ones. The other notable quality of Kevin is his respect for his clients. He is very respectful of his client's position on issues, their knowledge and abilities. Kevin is not the type of attorney that unreasonably communicates and bills for services. I found him to be extremely reasonable in billing his services. The outcome, I'm an extremely satisfied and happy client. Thank you Kevin!

Posted by Joe | February 24, 2015 | Divorce & Separation

My emotional difficult divorce

No divorce is easy to go through for anyone. This experience has been very emotional and difficult for me and my ex- wife. True feelings and actions sure comes out when both parties disagree with deep emotion. Mr. Obrien has been articulate on providing me sound advice and a aggressive action. Kevin... Obrien has givin me reinsurance that I will pull through this divorce successfully. I hope know one ever has to go through a divorce, but if he or she has to someday I reccomend Mr. Kevin Obrien to represent your case as he's currently representing mine. Thank you, Joe

Posted by Sharon | February 24, 2015 | Divorce & Separation

Excellent and reasoned advice

The thing I loved most about Mr O'Brien's approach to divorce was that he tried hard to make it a cooperative experience rather than an adversarial one. I wanted a fair and equitable divorce, and he made it possible for my husband and me to work out our issues without it becoming nasty. He was suppor...tive of my position throughout the proceedings, but he wasn't afraid to tell me when I was asking for more than was reasonable. He would have played it any way I wanted, but together we chose a reasoned approach that worked very well in my circumstances and because of him, I am still on speaking terms with my ex, which was a far better way to accomplish my goals.

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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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