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Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: my daughters attorney in our battle represented her dad in a separate case prior to and after ours is that a conflict?

And can she get in trouble that she knew this and did not recuse herself ?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 17, 2021

The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a... Read more »

1 Answer | Asked in Family Law for New York on
Q: How do I prove I am no longer a risk to child if mental health hospitalized in 2019 for regulation for medication.
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 16, 2021

There is a difference between "proof" and legally admissible evidence. The asker does not tell us what kind of case she is involved in, but from its placement in the "family" category, we can narrow down the matter to either a custody proceeding or a child protective proceeding.... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Children and Youth services of Pennsylvania. What are my rights?

Children and Youth services of Pennsylvania showed up to my house because my daughter missed the forst week of school because her father tested positive of covid 19, and we didnt want to spread the virus. Whoeever called CYS also stated that they think possible drug use is involved because of the... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 3, 2021

The government is legally allowed to do anything it wants. The government has agents, it has courts, and it writes the rules. The CPS can offer drug testing several times and then clamp down by removing the kids. A failure to take a test and pass it is evidence of drug use, and drug use is... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is considered a conflict of interest?

My son’s father has the same attorney, Who was my public defender back in 2012 for a criminal case , defending him in our child custody case. Wouldn’t that be considered conflict of interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 2, 2021

Pennsylvania codifies a "continuing conflict" as such:

1.9 Duties to Former Clients

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are...
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2 Answers | Asked in Divorce for New York on
Q: The judgement for my uncontested divorce was served on my ex-spouse by certified mail but it’s now being returned.

She was not home to receive the judgement so it was brought to the post office for pickup. I sent my ex the tracking number so it could be picked up, reminded her a few times to go get it, but she never followed through. Now it’s being “returned to sender”. Do I need to make another attempt... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 1, 2021

We really don't know. A defendant's address is a crucial component of any divorce. If the address is incorrect, the defendant can return to court to move to vacate the judgment for non-service of the pleadings. If mail is being "returned" now, the asker better see a lawyer with... Read more »

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1 Answer | Asked in Child Support and Family Law for New York on
Q: Order states support is to credit me for overpayment made to other party but support is refusing to comply. What to do?

Court order states any overpayments made to other party I am to be credited. The support unit is refusing to comply. Courts state this is a support issue only. Support says go to small claims, small claims says no this is a support issue. Support still refuses to comply. spoke to two supervisors... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 1, 2021

This question reveals a classic "pro se runaround" that all levels of government give to citizens of this nation. Just as police can lie to a citizen, so can any branch of government lie to a citizen.

As for this question, we really cannot answer it because we cannot see the order...
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1 Answer | Asked in Family Law for New York on
Q: i want to ask what should i do if i feel my kids father is being demanding and stalking us?
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 27, 2021

What the asker should refrain from doing is calling cops for help. Government does not help, and a defenseless mother and her children is raw meat for the government meat grinder. Perhaps the asker should reason with the father and point out the last-chance possibility of police action in a... Read more »

1 Answer | Asked in Family Law for New York on
Q: New York Family Court. Can you explain in detail how to file a subpoena? For medical records and on a person. I am prose

I have no clue what I am doing so any help would be appreciated. Subpoenas for medical records. as if i were an idiot. Subpoenas for humans. Please explain is if I were an idiot. And also top to bottom on how to file an appropriate petition for abandonment. Please and Thank You!

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 27, 2021

Without forming an attorney client relationship, here are the general responses to this question. There is no such thing as a petition for abandonment in New York.

As for subpoenas, there are two hurdles. The first is the asker must file a motion pursuant to CPLR §602 seeking discovery by...
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1 Answer | Asked in Family Law for New York on
Q: I'm trying to file a lawsuit for grandmother visitation rights. I live in PA & my grandchildren live in NY.

The form says I must file a personal information form with this petition. – (attached) What is a personal information form? Is it a specific form that I can find online or do I just write the information on this current form? Or on a separate blank piece of paper? If so, what personal information... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 27, 2021

The asker seeks the filing of a §651(b) petition for grandparent access in family court in New York. She specifically asks for help in completing a form and that we cannot do. Such an act would create an attorney-client relationship with the asker, and that is not the purpose of this website which... Read more »

1 Answer | Asked in Family Law for New York on
Q: Do I need to file in NY or NJ for childs name change? Mother moved 4 months ago. All prior court proceedings are in NY
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 27, 2021

Either state is fine as long as both parents consent to the name change. For continuity's sake, a New York filing in the county where the child resided would make it easier for the child to locate important court papers that concerned the child.

1 Answer | Asked in Family Law for New York on
Q: In New York state my fiancé n I wanna get married without a ceremony is this possible
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 27, 2021

There is no particular form or ceremony required except that the parties must state in the presence of an authorized public official or authorized member of the clergy and at least one other witness that each takes the other as his or her spouse. There is no minimum age for a witness. However, in... Read more »

1 Answer | Asked in Family Law and Banking for New York on
Q: My son, who is incarcerated, gave me Durable Power of Attorney to cash stimulus check of $1400, can't get cashed

Citizens bank, where I have an account, will not allow me to cash it or deposit the check even with the Durable Power of Attorney. My son marked on it for banking transactions, retirement benefit transactions and tax matters. I also have his state issued ID. I've been searching for other... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 27, 2021

Go to his bank, endorse the check by signing the back of the check "his name by your name, his agent" or "his attorney in fact" and bring the power of attorney with you. The bank should have no problem cashing it unless it is for a large amount, in which case you may need to... Read more »

2 Answers | Asked in Child Custody and Family Law for New York on
Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 27, 2021

The dad must file a writ of habeas corpus for the emergent return of the child. Retain counsel to write and serve the absent mother. If dad allows too much time to pass (typically six months), he will not get the write granted and will not restore the child to its home location with dad.

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Is it legal for a public defender to represent me when he represented my ex in a case in 2011?

I was assigned a counsel for an article 10 case who represented my kids' father back in 2011 in a criminal case. I feel this could be grounds for a conflict of interest because he may have personal feelings in this case. I wouldn't feel this way if the attorney replied to any of my emails... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 1, 2021

A classic government ruse is to provide the accused public with free attorneys. The government accuses, and the government provides the defense. The government sits on both sides of the transaction. This asker inquires about a lawyer who represented an ex who may be impaired representing the asker.... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: My family and children are being targeted by child protective services and a private citizen can you help

Our personal way of life ,religious beliefs and the way we raise our children is being targeted and scrutinized by cps and a private citizen .We feel like we are under attack and that we have no way to protect ourselves or our children

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 3, 2015

No. We in this nation have taken a stand against domestic violence such that we have to watch our every step to avoid being falsely accused and arrested/prosecuted. We cannot beat our kids or else we lose them. The only way to harass and annoy someone in American today is to use the legal system... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: Can I write my baby father in jail if I have an order protection on him?
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 2, 2015

I strongly urge you do not even though there is no prohibition. Do not cause him to respond to you thus violating his order. He has to stay away and not contact you and you should do the same.

1 Answer | Asked in Family Law for New York on
Q: We have everything joint (house, bank accounts, etc). I am worried about this. I am considering a trial separation

first. What are my rights, and what are the ramifications of this? Do we make an agreement? How would I proceed?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

Very many people engage in divorce planning which includes having places to escape to when cops are called, separate bank accounts, accommodations for children when the balloon goes up and so on. In your case, you have apparently done nothing to divorce-proof yourself. So you'll enter into an... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can a child become emancipated at 16 and live with their non custodial parent

also when is it legal to stop paying child support for a child?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

In most states, a sixteen year old decides where he will park himself. When that happens, run to your family court and file a petition to terminate support and to impose support on the other parent (F Docket). That other parent will now feel the benefits of government intervention in her life.

1 Answer | Asked in Family Law for New York on
Q: Approaching one year since my custody modification trial is over. Judge still in reserve decision

I am Prose petitioner in this case. I have tried to call the court but they will not tell me anything other than it is still not decided. What is taking so long. Should I be worried

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

Go to your family court's clerk's window and ask whether an order was entered. Have your docket and file numbers with you and picture identification. It may be that the clerk did not know where to send your order. However, it may have been a dismissal because nothing has changed in all this time.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Am I responsible for my adult child's criminal defense for a matter that occurred at college?

I am the noncustodial parent. I am up to date on child support and college payments. My child was caught on campus with marijuana. He was 18 years old when this happened. My ex got him a lawyer to have the matter dismissed and sealed. I was not informed nor consulted about this, just given a bill.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

No. Your ex is pulling your leg.

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