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Peter Christopher Lomtevas

Peter Christopher Lomtevas

Peter C. Lomtevas, Esq., P.C.
  • Appeals & Appellate, Business Law, Divorce ...
  • EDNY/SDNY, Georgia, New York, Pennsylvania
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Biography

Peter Lomtevas is a licensed family law attorney specializing in divorce, child support, and child custody cases in Brooklyn and the New York City 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. He is a distinguished and honored military veteran who proudly served his country for more than ten years. 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 • 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

Practice Areas
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Divorce
    Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Domestic Violence
    Domestic Violence Restraining Orders, Victims Rights , Victims Rights
    Family Law
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Additional Practice Area
  • General Civil
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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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
New York State Bar  # 3046414
Member
- Current
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Websites & Blogs
Website
Legal Answers
73 Questions Answered
Q. what are my options if custodial mother on public assistance doesn't wanna work
A: Poverty is no consideration when custody of a child is involved, and the young father must support his child under threat of jail. The mother is free to work or not work. However, if the mother goes on welfare – or what we know today as welfare after the Clinton administration – the department of social services will force the young father to pay the department child support. This locks in the mother’s custody, which will be very difficult to shake. Nonetheless, there is always an opportunity to modify custody by way of filing a petition in family court. That’s the same court where the young father got nailed for child support. If the custody is initial, then the young father stands a strong chance of winning the child not on the basis of poverty, but on a totality of the circumstances surrounding the primary caretakership of the child by the young father. Here, the mother will have an edge if the father is aloof and distant. If custody is already established and must be modified to the father, that will be far more difficult as father must show a sufficient change of circumstances for the court to review the order to see if it is still in the child's best interests and modify it if it is not. The preparation of either petition takes the skill and knowledge of an attorney. The legal apparatus and its statutes are always skewed against the young father to better assist the young mother. Mothers take full advantage of this skewing. An attorney will understand this, and will properly act to maximize the young father’s chances at getting custody of his child, and leaving the mother with her welfare existence. Those young fathers who refuse to adhere to their attorney’s advice will always lose. Otherwise, the mother may not realize that raising a child as a single parent in this nation is fraught with peril. There is a Gestapo-like child protective system in every state that can quickly remove the child from the mother for the slightest mishap. Just like with child support and domestic violence, the federal government pays matching funds to the state to gin up child abuse and child neglect cases against young mothers. Leaving the mother alone for a few years may eventually cause the mother to make a mistake (leave the child unattended, fail to consistently get the child to school on time, take the child too many times to a doctor). The young father can get custody through the child protective apparatus when any of this happens. Should a parent of color complain that the legal system is racially biased, the state will have a person of color sitting on the bench who would be more ruthless than a person not of color. Should the child fail, that’s a possible outcome too. The system is not about the child; it is about the federal money that pays state employee mortgages. All this is made up to appear as if children are actually being protected, but it is not. As for this asker, there is not enough information to opine as to what his “options” are. Options are always based on facts, and we have absolutely no facts here though hopefully this write up gives the asker some insight as to how to better ask his question.
Q. Is it illegal for my 5 year old son to be naked outside in New York State
A: There are three penal statutes that proscribe exposure of “intimate” parts of a person: Exposure of a Person (Penal Law Section 245.01), Public Lewdness (Penal Law Section 245.00), AND Public Lewdness in the First Degree (Penal Law Section 245.03). Exposure of a Person involves showing private or intimate parts of one’s body. Public Lewdness involves the display of private or intimate parts of one’s body in a lewd manner or those involving in a lewd act. Under New York Penal Law Section 245.01, a person is guilty of Exposure if s/he appears in a public place in such a manner that the private or intimate parts of his or her body are exposed. The Penal Law does not provide a definition of what is considered a “private or intimate part.” There is no definition of what “lewd” is and there is no definition of what a public place is. Case law includes a public bathroom as a public place, so exposing one’s private part in a public bathroom violates the statute. Given all of this as a backdrop, there is no exclusion for children. There is an exclusion for lactating mothers feeding their babies, but a child running around naked at any age is violating the statute. There is also the chance there is a local ordnance which tightens the violation even further. No matter the age, and given the inaccuracy of a typical criminal court (family court in the instance of a minor) coupled with the over-prosecution of any misbehavior, clothing the child is the best course of action to avoid government interloping.
Q. My ex wife has moved to a different state, before moving we agreed on a new visitation an was so ordered by the court.
A: The asker should retain counsel. In the family court world, each subject area carries its own petition: visitation/custody, support, abuse, neglect, guardianship and so on. When the parties conflate custody and support in one agreement, they severely limit their ability to submit and give respect to it in the different subjects under the different petitions. Stated another way, separate agreements work best in family court, and a separate agreement as to child support is best. There is the possibility that the support magistrate will accept the oral assertions of the custodial parent and terminate support, but there is no guarantee. That is why a separate agreement is one's best course of action should the custodial parent renege on an agreement to waive. Lastly, as a matter of policy, government deliberately limits the public's access to its courts. There are labyrinthine rules that if not adhered to, a matter is dismissed, and the litigant must pursue how to file the correct papers in the correct court. Even though it pays government to conduct family law cases, there are still the old practices and procedures in effect to this day.
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Contact & Map
1248 85th Street
Brooklyn, NY 11228
Telephone: (718) 745-3600
Fax: (718) 745-4900
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