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Peter Christopher Lomtevas

Peter Christopher Lomtevas

Peter C. Lomtevas, Esq., P.C.
  • Municipal Law, Foreclosure Defense, Divorce ...
  • EDNY/SDNY, Georgia, New York, Pennsylvania, Texas
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Biography

Peter Lomtevas is a licensed family law attorney specializing in divorce, child support, and child custody cases formerly in Schenectady and the New York Capitol region. A graduate of The Kew Forest School, Hofstra, and Touro College Law Center, Peter is also a member of the New York State Bar Association. Education • The Kew Forest School, 1966 - 1978 • Hofstra University, 1978 - 1981 • Touro College Law Center, 1993 - 1996 Civilian Awards • Distinguished Public Service Award, 2006: Brooklyn Borough President • Businessman of the Year, 2006: National Republican Congressional Committee • Conspicuous Service Medal, November 15, 2007: Serphin Maltese Admissions • US Supreme Court • US Court of Claims • US Court of Appeals for the Armed Forces • US Court of Appeals for the D.C. Circuit • US Court of Appeals for the Second Circuit • US District Court, Northern District Florida • US District Court, Eastern District New York • US District Court, Southern District New York • Georgia (Inactive) • New York • Pennsylvania • Texas. Airborne School, Fort Benning, Georgia, 1981 • Infantry Officer Basic Course, 1982 • Infantry Mortar Platoon Officer Course, Fort Benning, Georgia, 1982 • US Army Berlin Brigade July, 1982 - May, 1985 • Infantry Officer Advanced Course, Fort Benning, Georgia, 1985 • Fort Dix, October 2, 1985 - March 23, 1989 • Combined Arms Services Staff School, Fort Leavenworth, Kansas, 1987 • The University of Delaware Army ROTC, August 14, 1989 - July 1, 1993 • Air Assault School, Fort Belvoir, Maryland, 1991 Military Career and Achievements Airborne School, Fort Benning, Georgia, 1981 Infantry Officer Basic Course, 1982 Infantry Mortar Platoon Officer Course, Fort Benning, Georgia, 1982 US Army Berlin Brigade July, 1982 - May, 1985 Infantry Officer Advanced Course, Fort Benning, Georgia, 1985 Fort Dix, October 2, 1985 - March 23, 1989.

Practice Areas
Municipal Law
Foreclosure Defense
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Domestic Violence
Domestic Violence Criminal Defense, Domestic Violence Restraining Orders
Appeals & Appellate
Civil Appeals, Federal Appeals
Additional Practice Areas
  • Wrongful Conviction
  • Municipal Liability
Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa, Mastercard, American Express and Discover
  • Rates, Retainers and Additional Information
    Fixed fees for most cases. An hourly fee of $300 is available. Pro hac vice representation slightly more.
Jurisdictions Admitted to Practice
EDNY/SDNY
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Georgia
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New York
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Pennsylvania
Disciplinary Board of the Supreme Court of Pennsylvania
ID Number: 330131
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Texas
State Bar of Texas
ID Number: 24134031
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2nd Circuit
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D.C. Circuit
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U.S. Supreme Court
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Languages
  • Russian: Spoken, Written
Professional Experience
Owner
Peter C. Lomtevas, Esq., P.C.
- Current
Independently owned and family operated family law office specializing in child custody, child support, divorces, post judgment and appellate practice. Also specializing in criminal defense.
Education
Touro College
J.D. (1996)
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Awards
Distinguished Public Service Award
Brooklyn Borough President
Professional Associations
Texas State Bar  # 24134031
Member
- Current
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New York State Bar  # 3046414
Member
- Current
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Websites & Blogs
Website
Legal Answers
233 Questions Answered
Q. I have my son for a visit but it is outside of our custody agreement and my son refused to get on the plane to return
A: We here cannot provide specific legal advice to an anonymous asker. Her question has to do with how to react to a factual situation when an order is the governing outcome producer. The correct answer that is not legal advice is to simply follow the order.

However, as an educational point, New York's general rule is that a child votes with his feet, which means an order can become obsolete in New York, and the child can remain where is, as is. The parent would then for a modification of that order.

However, the danger is that the other parent can file for a violation of the custody order. With the very high variation of mindsets among the state's judiciary, one never knows whether one will win or go to jail. ... Read More
Q. Can I move my children from NY to RI when there is no custody or visitation in place?
A: There is a calculus involved in moving a child without a custody order. Initially, we Americans can move freely throughout this great nation as it is our right to travel without permission of government. However, how responsive the father is weights heavily on the matter.

If the asker moves to her new state and the father does nothing for six months, then the asker successfully accomplished a relocation without a court order, and federal law prohibits any custody action in the losing state.

However, if the father files for a return of the child within the six month period, the asker will be in serious trouble of losing custody of her child. The current family policy in this nation is that an absconding parent does not deserve custody of a child because she refused to foster a relationship between the father and the child. Some courts feel strongly about enforcing such a policy while other courts do not care.

One takes one's chances in a policy court like a family court, and prudence and caution dictate every move. Trying to go it alone without an attorney can mean the death knell to custody.
... Read More
Q. If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?
A: This is precisely the kind of question we here on Justin are specifically prohibited from answering. We are not the asker's attorney and as such we do not know any of the operative facts of this asker's case. We are therefore prohibited from offering tips and tricks as to how to proceed, however, we can educate and teach askers about the law.

Apparently this is a child custody matter in a family court in the state of New York somewhere. We are not told why the asker filed both a petition and an order to show cause. Conferences are the norm during the discovery period of any special court litigation (family court is a "special" court) where statuses are shared and attempts at resolution of the case are made. The setting of trial dates is an automatic step to preserve valuable time for hearings. These dates can be vacated or can be adjusted for more conferences although as to this asker's case, we know of nothing of his case and do not know whether trial will occur or not.

There is no such thing as a "counter-OSC" in the civil practice law and rules, so we have no clue as to what the motions are for. Objecting to in-court service though technically correct is a bad idea because the opponent can serve a garbage can and allege proper service leaving the asker in the dark. If the judge favors the opposing parent, then garbage service can work unfair prejudice against the asker in the case. We cannot comment open the response the asker filed with an affidavit of service.

Article 22 of the CPLR states that upon submission of a fully brief motion, the court has sixty days to provide a written response with reasoning contained therein. However, each judge is different and each court is staffed and equipped differently. Sixty days can become one hundred days and there is nothing to do about this. There is also the issue of judicial competence. If this is a New York City case, then the mayor of the city appoints family court judges. These judges may never have practiced law before, and the appellate division will likely affirm their orders and decisions no matter how cockamamie those may be to protect the system from ridicule.

We simply do not know what is happening here other than a pro se parent is appearing in a policy court where an American family model is being forced down his throat. Facts matter for little in many cases where the judge is new at this practice. The aim is to fit a square peg into a round hole, and all the rest of civil practice is tailored around that social policy objective. However, we simply do not know anything of this asker's case to provide a cogent answer to his question.
... Read More
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Contact & Map
Peter C. Lomtevas, Esq., P.C.
240 State Street
Unit 109
Schenectady, NY 12305
Telephone: (718) 745-3600
Monday: 7 AM - 6 PM
Tuesday: 7 AM - 6 PM
Wednesday: 7 AM - 6 PM (Today)
Thursday: 7 AM - 6 PM
Friday: 7 AM - 6 PM
Saturday: Closed
Sunday: Closed