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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 1 - 5 of 17 reviews | Cost of Services

Posted by anonymous | July 25, 2019 | Hired Attorney | Family

Choose O'Brien and Associates

From day one, Kevin was an example of how to be a receptive, patient, and thorough advocate. He took his time to understand the ins and outs of my case and was able to produce a positive outcome for my family during one of the most emotional time periods of mine and my children's lives. He and his te...am are experienced, knowledgeable, and professional, and because of their detailed preparation my case never went to trial and we likely saved thousands of dollars by choosing such a hardworking and loyal attorney who helped to quickly address an increasingly complex issue. I advise anyone who is going through the family court system to choose a representative who isn't only smart and professional, but most importantly attentive to detail and advocacy-driven such as Mr. O'Brien and those at O'Brien and Associates.

Posted by anonymous | April 09, 2019 | Hired Attorney | Divorce & Separation

Best attorney ever!

I hired Kevin O'Brien on the recommendation of two friends, one who had been represented by him and another who worked within the legal system. This turned out to be a very good decision, as seen through the contrast with my ex's attorney in the months that followed. I met my ex's attorney only onc...e, at a preliminary conference he told my ex he did not need to attend. Kevin showed up with a significant amount of completed paperwork. My ex's attorney carried only a blank legal pad, if he carried anything at all. I actually think he brought nothing at all to that meeting, a metaphor for how he would conduct himself throughout the case. I was a stay at home mom for many years, and was working only part-time at the commencement of the divorce action. Right after the preliminary conference, Kevin filed papers to request that my spouse pay my legal fees because I was an "impoverished spouse." That truly was genius strategy. Here I was with a more expensive, more competent attorney, and now my husband was paying for him. It really set the tone regarding who would be in charge of negotiations. Ultimately, my ex accepted the deal Kevin crafted, which obviously favored me, because he didn't want to deal with it anymore. I think Kevin wore him down and, with a non-responsive attorney representing him, my ex just wanted to get it over with. When you begin a divorce action, you don't know what you're going to encounter but, if you have Kevin representing you, it doesn't matter because he can handle it. He has a real command of the law, which is not something you can take for granted with other lawyers. Kevin's experience will help you get a better agreement, but it is his wisdom that will help you navigate situations in a way that will foster continued positive relationships with your children. He is a person of integrity, ever-mindful of your goals, both financial and personal. Whatever situations arise, he'll give you alternatives that will help you long-term. In the process, Kevin will always tell you the truth and he will never fail to advocate for you. I think I was truly represented in my case, while my ex was not, and the result speaks for itself. I receive child support, additional money from my ex so he can remain on my health insurance (we are legally separated, not divorced), and I will also get maintenance for the next 12+ years, even if I remarry. I have never even heard of anyone getting that. In contrast, my ex will work many years beyond what he planned to meet the demands of our agreement. I am very happy I hired Kevin O'Brien, and I highly recommend him for any matrimonial matter.

Posted by anonymous | October 19, 2018 | Hired Attorney | Child Custody

Your MVP in the courthouse

I contacted seven attorneys within a few days before my custody case went to trial in less than two weeks. My original lawyer failed to make it to a very important court hearing allowing the court to make it seem as if I had to represent myself. If you don’t know law it can be very tricky and you can... get into terrible predicament even if you feel the cards are in your favor. I went with this firm and Without hesitation Kevin OBrien took my case and worked with the ADA and my child’s attorney to work out an agreement hurting me less than what could of been the outcome. If you want someone who will give you his honest opinion and go the distance, this is the man for the job. Mr. OBrien gave me light at the end of my legal tunnel. Yes his services aren’t cheap but you get what you pay for and at the end of it all how much is it worth for you to have your child and be the father you know are in their life? Don’t ever go somewhere you’re not welcome and if you have to then bring someone who everyone else looks up to like they are the cool kid on the varsity basketball team. Dan Hartman (associate attorney) listened to my every word and you would see his general concern and engagement in his face. Allison the (assistant to Mr. Obrien) was very professional. When the going gets rough.. OBrien & Associates get going. 5 stars because 10 stars isn’t an option. I will use them and talk about them every chance I hear matrimonial or custody conversations anywhere.

Posted by anonymous | January 23, 2018 | Hired Attorney | Divorce & Separation

Great Attention to Detail

I just wanted to thank you for the wording you used in the Divorce Judgment. Because of it, it saved me thousands of dollars in subsequent litigation. It was your attention to detail during the on record stipulation that really paid off. Thanks!

Posted by Timothy | October 12, 2016 | Hired Attorney | Divorce & Separation

Highly Recommended - Professional and Responsive

I would highly recommend Kevin to anyone looking for a divorce attorney. He gave me the confidence and support I needed throughout one of the most challenging events of my life. Kevin was frank during our discussions and did not waste time or energy. He provided balanced counsel and help me naviga...ted the legal and very personal nature of the dispute. His billing was always accurate and reasonable; he was worth every penny. Lastly, Kevin was very responsive which helped to significantly reduce my level of stress throughout the process.

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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

Avvo Rating

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