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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.

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  Fixed fees for most cases. An hourly fee of $300 is available. Pro hac vice representation slightly more.

EDNY/SDNY

Since 2001

Georgia

Since 2005

New York

Since 2000

Pennsylvania

Disciplinary Board of the Supreme Court of Pennsylvania

ID Number: 330131

Since 2021

Texas

State Bar of Texas

ID Number: 24134031

Since 2023

2nd Circuit

Since 2001

D.C. Circuit

Since 2006

U.S. Supreme Court

Since 2006

Owner

Peter C. Lomtevas, Esq., P.C.

2004 - 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.

Touro College

J.D. (1996)

Distinguished Public Service Award

Brooklyn Borough President

2006

Texas State Bar  # 24134031

Member

2023 - Current

New York State Bar  # 3046414

Member

2000 - Current

Q. My question is ..i jst won full custody of child..mother has no visitation rights....do i allow her to talk on phone

December 30, 2024

A: This is a superb question rarely seen here on Justia. This question asks what is the effect of an order of custody and visitation, and the answer requires some explaining.

The order of custody and visitation is not an order for a parent to see his child. To the contrary, the order applies to the possessory parent requiring that parent to release the child. According to these facts presented by the asker, there is no order for him to release the child to the mother. It appears this absence of an order applicable to him also means the asker can block the mother from speaking to the child. The question is, can the asker allow the mother to speak to the child presumably by electronic means.



Here is where the answer gets complicated. From a humanitarian point of view, the mother should have contact with her child. This maintains the bond between mother and child, and serves to calm the mother that the child is okay. This may also have the collateral effect of preventing the mother from returning to court causing much upset to he child and to the asker.

From a legal point of view, the absence of a provision for electronic communication between mother and child means there is no contact available to either at any time. The mother will no doubt hound the court with petitions to gain access to her child. As family courts are a black box with unknown and unexpected outcomes, the custodial situation could flip suddenly, and the asker will be ostracized from his child. We cannot anticipate what would be the factual basis for such a flip, but family court needs very little in the form of a factual basis to manipulate children as it sees fit.

Certainly, this response comes without the benefit of reading the actual order of custody. Perhaps it contains steps the mother must take to obtain contact with her child. Perhaps it does not. We do not know, and for a better, more accurate answer to the asker's question, he should see a lawyer with a copy of his order of custody. ... Read More

Q. I'm the custodial parent of 23y and 18y old boys. Dad paid $700 per month since 2014. He stopped in June 24.

December 5, 2024

A: One option is to do nothing. There is no requirement that citizens appear in court and report that the other parent is not paying money to the custodial parent for the child. Another option is to go to a family court and file a petition seeking enforcement. A lawyer is a necessity in today's family courts and the process could take years if the man hides from process servers. Whether or not he earns an income, the statute hurts W-2 employees far more than it hurts self employed fathers. His order of support could goo way down on $30,000 annually. If he retains counsel, he could go below the self support reserve and end up with an order of support equal to twenty five dollars each month.

For a more cogent answer, the asker should consult with an attorney. ... Read More

Q. I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

November 3, 2024

A: The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.

Vehicles are not ordinarily a part of an order of support even if college tuition and expenses are specified. An automobile is not a college expense unless the order makes it one.

A review of the order by the asker's attorney would give him a more cogent answer.