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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 1 - 5 of 72 reviews | Recommendation

Posted by Janine | January 18, 2020 | Hired Attorney

Don't hesitate to hire

Kevin O'Brien told me from the start that he would have my back and to not worry, and he kept his word. I ended up dealing with both him and his associates and I am extremely happy with the outcome. Kevin laid out the timeline and what to expect every step of the way. His response to phone calls and ...emails was greatly appreciated, as well as his follow up on the case. He was recommended by a friend and even though his office was an hour away it was worth it! Kevin O'Brien and Associates are top notch and you definitely want them on your side

Posted by anonymous | August 13, 2019 | Hired Attorney | Child Custody

Compassionate Attorney

I struggled so much throughout my family court custody battle, Kevin is the first attorney I have had in 5 years to not only give me honest advice but listen and care. It felt as though he took the struggles personally and fought for my rights. I would recommend Mr. O'Brien to anyone who needs repres...entation in a family matter.

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 Lisa | May 24, 2019 | Hired Attorney

Excellent attorney

Kevin and his team provided the absolute highest level of service when representing me. They are all kind, compassionate, substantive and extremely responsive. Kevin and his team helped make a very difficult situation much easier. Kevin truly cares about his clients and treats them as such. I highly ...recommend his counsel.

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.

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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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