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Monique B. McBride

Ms. McBride is Senior Associate with the Colwell Law Group, LLC, having concentrated her practice in the areas of Matrimonial and Family Law litigation and appeals since admission to the New York State Bar in January, 2002. Ms. McBride also has experience with complex civil litigation cases with a focus on corporate and commercial law.

Ms. McBride has 38 reported appeals and has authored written materials and taught continuing legal education courses in the areas of advanced equitable distribution, paternity and violence in the home for the National Business Institute. Ms. McBride is admitted to practice in New York State, the U.S. District Court, Northern District of New York, the United States District Court, Southern District of New York, and the United States Court of Appeals for the Second Circuit.

Ms. McBride received her Juris Doctorate, with honors in the Family and Elder Law Concentration, from Albany Law School of Union University in 2001 where she was awarded first place in Albany Law School’s 2001 Nathan Burkan Memorial Competition, sponsored by the American Society of Composers, Authors and Publishers (ASCAP) for her work entitled The Digital Millennium Copyright Act: A Look Into The Act and How Its Provisions’ Effect on the Internet and Other Digital Technology Restrict the Fair Use and First Sale Doctrines. Ms. McBride also interned in the Appellate Division, Third Department from 2000-2001.

She received her Bachelors of Arts Degree in Political Science, with distinction, from the State University of New York at Plattsburgh where she was a member of the Phi Kappa Phi National Honor Society and the Pi Sigma Alpha National Political Science Honor Society.

A sampling of Ms. McBride’s successful appeals of Family Court orders includes the following notable cases:

  • Matter of Paula P. v. Gerald P., 186 A.D.3d 934 (3d Dept. 2020)(Family Court erred by dismissing mother’s custody modification petitions without holding a trial on her allegations, failed to set forth a best interests of the children analysis, and was biased against the mother. Appellate Court overturned the Family Court’s award of sole legal custody of the children to the father and remitted the matter for trial before a different Family Court Judge.).
  • Matter of Shawn MM. v. Jasmine LL., 180 A.D.3d 1186 (3d Dept. 2020)(Family Court erred by dismissing incarcerated father’s visitation petition. Appellate Division reinstated father’s petition and remitted to the Family Court for consideration.).
  • Matter of Lionel PP. v. Sherry QQ., 170 A.D.3d 1460 (3d Dept. 2019)(Family Court erred by granting father’s petition for modification of physical custody arrangement and allowing father to relocate the child from mother’s home in Saratoga County to father’s home in New York County by focusing on only one relocation factor. Appellate Division remitted for a new trial.).
  • Matter of Fletcher, et.al. v. Crisell, 165 A.D.3d 1426 (3d Dept. 2018)(Family Court erred by dismissing mother’s custody modification petition due to her failure to appear for trial. Appellate Division remitted for a new trial.).
  • Matter of Dillon v. Dillon, 155 A.D.3d 1271 (3d Dept. 2017)(Family Court erred by misinterpreting the provision in the parties’ separation agreement relating to the parties’ obligation to contribute to the child’s college expenses by ordering a pro rata sharing of the child’s college expenses. Appellate Division remitted for a new trial.).
  • Matter of Frederick-Kane v. Potter, 155 A.D.3d 1327 (3d Dept. 2017)(Family Court erred when it found the child support provisions of the parties’ judgment of divorce to be invalid and unenforceable and for recalculating the father’s child support obligation de novo. Appellate Division remitted for a new trial.).
  • Matter of Shaver v. Bolster, 155 A.D.3d 1368 (3d Dept. 2017)(Family Court erred by awarding grandmother custody of the children without making a finding of extraordinary circumstances. Appellate Division remitted for a new trial.).
  • Matter of Choice I. (Warren I.), 144 A.D.3d 1448 (3d Dept. 2016)(Family Court’s finding of neglect overturned where Department of Social Services’ evidence was too remote in time and unrelated to subject child. Appellate Division vacates Family Court order of neglect.).
  • Matter of Lilly NN. v. Jerry OO., 134 A.D.3d 1312 (3d Dept. 2015)(Family Court erred by awarding mother sole legal custody and failing to consider the children’s wishes. Appellate Division issued its own order of joint legal custody and expanded the father’s custodial time with the children).
  • Matter of Rush v. Rosco, 99 A.D.3d 1053 (3d Dept. 2012)(Family Court erred by dismissing Aunt’s custody petition without holding a hearing to determine if extraordinary circumstances existed and whether an award of custody to the Aunt was in the child’s best interests. Appellate Division remitted for a new trial.).
Areas of Practice
  • Matrimonial & Family Law litigation
Bar Admissions
  • New York, 2002
Education
  • Albany Law School of Union University
    • J.D. – 2001
  • State University of New York at Plattsburgh
    • B.A.
    • Major: Political Science, with distinction

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Monique B. McBride
The Colwell Law Group, LLC

Ms. McBride is Senior Associate with the Colwell Law Group, LLC, having concentrated her practice in the areas of Matrimonial and Family Law litigation and appeals since admission to the New York State Bar in January, 2002. Ms. McBride also has experience with complex civil litigation cases with a focus on corporate and commercial law.

Ms. McBride has 38 reported appeals and has authored written materials and taught continuing legal education courses in the areas of advanced equitable distribution, paternity and violence in the home for the National Business Institute. Ms. McBride is admitted to practice in New York State, the U.S. District Court, Northern District of New York, the United States District Court, Southern District of New York, and the United States Court of Appeals for the Second Circuit.

Ms. McBride received her Juris Doctorate, with honors in the Family and Elder Law Concentration, from Albany Law School of Union University in 2001 where she was awarded first place in Albany Law School’s 2001 Nathan Burkan Memorial Competition, sponsored by the American Society of Composers, Authors and Publishers (ASCAP) for her work entitled The Digital Millennium Copyright Act: A Look Into The Act and How Its Provisions’ Effect on the Internet and Other Digital Technology Restrict the Fair Use and First Sale Doctrines. Ms. McBride also interned in the Appellate Division, Third Department from 2000-2001.

She received her Bachelors of Arts Degree in Political Science, with distinction, from the State University of New York at Plattsburgh where she was a member of the Phi Kappa Phi National Honor Society and the Pi Sigma Alpha National Political Science Honor Society.

A sampling of Ms. McBride’s successful appeals of Family Court orders includes the following notable cases:

  • Matter of Paula P. v. Gerald P., 186 A.D.3d 934 (3d Dept. 2020)(Family Court erred by dismissing mother’s custody modification petitions without holding a trial on her allegations, failed to set forth a best interests of the children analysis, and was biased against the mother. Appellate Court overturned the Family Court’s award of sole legal custody of the children to the father and remitted the matter for trial before a different Family Court Judge.).
  • Matter of Shawn MM. v. Jasmine LL., 180 A.D.3d 1186 (3d Dept. 2020)(Family Court erred by dismissing incarcerated father’s visitation petition. Appellate Division reinstated father’s petition and remitted to the Family Court for consideration.).
  • Matter of Lionel PP. v. Sherry QQ., 170 A.D.3d 1460 (3d Dept. 2019)(Family Court erred by granting father’s petition for modification of physical custody arrangement and allowing father to relocate the child from mother’s home in Saratoga County to father’s home in New York County by focusing on only one relocation factor. Appellate Division remitted for a new trial.).
  • Matter of Fletcher, et.al. v. Crisell, 165 A.D.3d 1426 (3d Dept. 2018)(Family Court erred by dismissing mother’s custody modification petition due to her failure to appear for trial. Appellate Division remitted for a new trial.).
  • Matter of Dillon v. Dillon, 155 A.D.3d 1271 (3d Dept. 2017)(Family Court erred by misinterpreting the provision in the parties’ separation agreement relating to the parties’ obligation to contribute to the child’s college expenses by ordering a pro rata sharing of the child’s college expenses. Appellate Division remitted for a new trial.).
  • Matter of Frederick-Kane v. Potter, 155 A.D.3d 1327 (3d Dept. 2017)(Family Court erred when it found the child support provisions of the parties’ judgment of divorce to be invalid and unenforceable and for recalculating the father’s child support obligation de novo. Appellate Division remitted for a new trial.).
  • Matter of Shaver v. Bolster, 155 A.D.3d 1368 (3d Dept. 2017)(Family Court erred by awarding grandmother custody of the children without making a finding of extraordinary circumstances. Appellate Division remitted for a new trial.).
  • Matter of Choice I. (Warren I.), 144 A.D.3d 1448 (3d Dept. 2016)(Family Court’s finding of neglect overturned where Department of Social Services’ evidence was too remote in time and unrelated to subject child. Appellate Division vacates Family Court order of neglect.).
  • Matter of Lilly NN. v. Jerry OO., 134 A.D.3d 1312 (3d Dept. 2015)(Family Court erred by awarding mother sole legal custody and failing to consider the children’s wishes. Appellate Division issued its own order of joint legal custody and expanded the father’s custodial time with the children).
  • Matter of Rush v. Rosco, 99 A.D.3d 1053 (3d Dept. 2012)(Family Court erred by dismissing Aunt’s custody petition without holding a hearing to determine if extraordinary circumstances existed and whether an award of custody to the Aunt was in the child’s best interests. Appellate Division remitted for a new trial.).
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