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Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Family Law for Pennsylvania on
Q: I am 17 and I have a daughter, I was looking to be emancipated in Pennsylvania

I provide all expenses for me and my daughter except for a house. My mother is making it extremely difficult for me to parent my daughter. I live in franklin county, pa, which said they do not recognize emancipation. Is there any way for me to bypass that?

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Mar 21, 2023

Pennsylvania is a very weird bird when it comes to minors (people under 18 years of age). Pennsylvania allows minors to file 'private petitions' and recognizes minors as having standing when they lost access to both parents. However, all courts treat minors as minors even though this... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NYS, would a judge allow my request to have my children dropped off by school bus for my parenting time on fridays?

My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Mar 21, 2023

A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... Read more »

2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Mar 21, 2023

There are two kinds of jail inmates today: the ones who were convicted and sentenced to crimes, and young parents. We got that by voting carelessly.

Without an understanding of what the asker's arrearage actually is, we cannot offer an accurate answer, though that is not what the asker...
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1 Answer | Asked in Family Law for Texas on
Q: My attorney has not hand delivered my orders, the judge will not sign them otherwise, and they will not withdraw.

This judge requires the orders to be hand delivered. The attorney will not respond to me. What can I do?

Thank you Christopher for replying on both platforms. After opening dispute with the state bar, I have suddenly received signed orders.

Thanks for you help!

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Feb 19, 2023

There is not enough information here to answer this question. Could this withholding be caused by a fee dispute? Is the opponent reneging on part of the proposed order? We do not know.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son 21 had a Stem Cell Transplant for AML Leukemia was diagnosed at 18. Can he receive extended CS under new law.

Support stopped on his bday the day before being admitted to Memorial Sloan Kettering.

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Feb 16, 2023

There is a sweeping change to New York's child support law, but it applies to mental disabilities and only extends the age out to twenty six (26).

The new law amends the domestic relations law and the family court act to allow custodial parents or caregivers of children with...
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1 Answer | Asked in Family Law and Child Support for New York on
Q: My son grandmother is taking me to court for arrears. It has been in arrears for around 15 years. And he just turned 33.

Do I have to pay her?

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Feb 13, 2023

Assuming there was an order of support payable to the grandmother, then yes, arrears are due that grandmother no matter the age of the subject child. There is a twenty year statute of limitations for collections of arrears, so a fifteen year obligation is still due and owing.

If there was...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Pennsylvania on
Q: I have a cys matter I'm currently going to court for! They have unlawfully taken my kids and refuse to return them.

What can I do? What's a proper defense? Can anyone help me?

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Feb 10, 2023

Youth Services cases are the most revealing as to how the law operates against the citizen. Every conceivable protection against abuses of the judiciary are flipped around and made to abuse the parent undergoing one of these cases.

First and foremost, the asker must understand there is a...
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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Feb 10, 2023

This by no means is a "better" answer than that of my colleague. This merely supplements to a small extent an already effective response.

The asker must retain counsel. One cannot possibly rely on the integrity, impartiality and independence of the Pennsylvania judiciary....
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1 Answer | Asked in Family Law and Child Custody on
Q: Can my girlfriend that lives with me but not married take our kids without convent and not say where she took them?

She took them did not notified me or answers my calls

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Jan 29, 2023

The universal principle in effect is that absent a family/matrimonial court order of custody, the parents are free to go anywhere they want at any time they want. The owe an accounting to no one. However, once parents appear in a court to obtain an order of custody and visitation, then all the... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can cys threaten to make all urine test positive? If you test or not.
Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Jan 17, 2023

Phrased another way, is the question can CPS default or impute a positive refused drug test? Yes they can and so can the judge in the case.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Reason being he didnt find out he had a daughter out there until OCY contacted him and she was already in the system.
Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Jan 17, 2023

The key to adjusting and modifying any child dependency matter is to convince the child protective apparatus to go along with an idea to keep the child under the government's supervision while the biological father raises the child the best he can. Without further information, we cannot opine:... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Family Law for New York on
Q: If my toddler is refusing visitation with grandparent do I have to force him ?

Toddler does not know grandparent and has never had relationship with said person . They are forcing it via court . If toddler is screaming , crying , throwing up not to go due to fear , do I still have to send toddler ? To avoid them claiming im keeping toddler away

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Jan 12, 2023

After reading this article, we can take a stab at answering this question:

https://www.law.com/newyorklawjournal/2023/01/03/a-dehumanizing-place-new-york-citys-family-courts-are-in-crisis-and-need-more-judges-state-panel-reports/?slreturn=20230012122510

This article indicates that...
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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: My daughter's ex who no longer resides here showed up to visit the kids with a baseball bat in his hand. legal or not ?

He says her new boyfriend verbally threatened him the night before.

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Dec 29, 2022

This is exactly the situation that family courts are established and operating: parents who need a bit of jail and child access controls only the state can give.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is using a false address on a marriage license application enough to consider a marriage invalid in Lake County Ohio?

Both parties lived out of Ohio state as US citizens at the time of application but spouse listed a false former Lake County address on the application. Marriage ceremony took place in Lake County, OH. Provide Next Steps Please.

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Dec 27, 2022

We cannot provide legal advice and guidance here. Ohio does not require residency to marry. Outsiders simply file for a marriage license in the county where the ceremony will take place. Using an old address means nothing. Also, there are no easy outs. An error in providing pedigree information... Read more »

1 Answer | Asked in Family Law for New York on
Q: 1. Did NY have laws on the books in 1936 that would require a person be a resident of NY in order to be married in NY?

2. When was the 1936 marriage 3 day "gin law" passed, and would it have been enacted or enforceable?

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Dec 25, 2022

Certainly every state had residency requirements in 1936 as did New York. The law distributing marital property upon divorce was different than it is today, but residency was a factor in being able to marry.

Another factor of circumstance is that without an internet and computer record...
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1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I have a pfa on my ex. What happens if I go out to a public place and he is there, do I leave or does he leave?
Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Dec 23, 2022

In a world where everyone follows the law and court orders, the ex is supposed to leave so as to avoid triggering an arrest. However, more realistically, if the holder of the PFA sees the ex, she should think about avoiding the scene and leaving. This will protect the holder of the PFA from... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: To amend my Counterclaim do I just write I want to add a Count V to be joined to my original Counterclaim and file that?

My lawyer filed my Counterclaim but he left out alimony as a claim. Can I type a new document to add “Count V - Alimony” to be joined to my original Counterclaim that was already filed or do I have to write the entire counterclaim word for word with Amended Counterclaim as the heading and then... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Dec 22, 2022

We really cannot go behind the back of an asker's lawyer and provide hip-pocket guidance and advice. The asker must address her concerns with her lawyer.

There are many reasons why alimony is not an appropriate prayer for relief. Both parties may be huge earners who would not qualify...
Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What is the process of getting emancipated at 16 and being pregnant as a resident of newyork?

I’ll be having my Son on the 21st of December, my mother is staying in an assisted living place for homeless people. She is a current addict. My father passed away 6 months ago. He only had temporary custody of me when he passed away. Since he’s passed I’ve been passed from sibling to sibling... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Dec 19, 2022

There is no such process as "emancipation" in any state. Perhaps the real question here is whether there is a process to advance a child's age to eighteen years of age by operation of law: a process to make a child into an adult. That does not exist, and the asker remains a child... Read more »

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