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Questions Answered by Peter Christopher Lomtevas
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
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
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
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
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
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
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
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
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
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
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...
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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
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 »

2 Answers | Asked in Personal Injury and Civil Litigation for Georgia on
Q: If the defendant did not follow the instructions and objected to every question in discovery & interrogatories what I do

Civil Personal Injury

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 18, 2022

This question is eye-catching because of what could be a discovery ruse that government defendants always pull and always get away with before sympathetic judges. There is not enough information here to opine exactly as to what is happening, but reading between the lines is possible.

There...
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2 Answers | Asked in Bankruptcy and Consumer Law for Kansas on
Q: We contacted lender to voluntarily repo our truck. We then parked it where it could be towed and dropped the insurance

The next day the truck was gone and we thought the lender took it. Several days later the lender said they did not have the truck and it must be stolen and to report it to the police which we did. The truck has not been located. Now the lender is contacting us. What are our options?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

Without seeing the loan agreement that discusses remedies in the event of theft, perhaps the asker owes the full cost of the vehicle minus payments made.

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1 Answer | Asked in Family Law for New York on
Q: Are you legally allowed to record ACS in New York

And if so what is the specific law that allows it

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

There is no law granting the public the right to record ACS as it violates citizens' rights just as there is no law granting people a right to attend a particular church. There is the First Amendment that empowers citizens in both acts, and there is no need to seek permission from government... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Pennsylvania on
Q: What can I do if my wife has a PFA but we get back together? How does she drop it.she died from heroin and had change of

Heart still don't know if I can trust her..but it seems like she really wants to.....I don't know..help us put this behind us without anyone going to jail plz.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

Playing with government is playing with fire. Once the woman gets a protection from abuse order, the targeted man can be arrested at any time whether he behaves well or not with the woman. Either the woman can dial 911, or someone else who knows of the PFA can dial 911. The charge is contempt of... Read more »

2 Answers | Asked in Contracts, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support PA: 3 kids with different women and I was ordered to pay 1k for my youngest. Do my other kids count?

I have a multi family child support case. I was ordered to pay 20% of my income for my youngest child. I asked for consideration of my other kids hearing master said I had to show proof of child support payments. How am I supposed to show proof if they are in my custody? I asked to show me proof... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

In this question, the asker is arguing with himself, and as such cannot get a cogent response from us.

In general terms, multiple orders of child support are not enough to offset one another. Typically, an order of support must be actually paid to count as a deduction against another order...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I am an unmarried mother of a special needs child. There is no legitimization order from father. Can I move out of state

He was diagnosed bipolar and he's a compulsive liar. He refuses to go to counseling and take his prescribed medicine. I don't want to co parent because he is unstable and I want a better life for my child. My child is not happy around him and interferes with her progress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 13, 2022

We here on Justia cannot guide and advise parents to abscond with their children to the detriment of the other parent. Moreover, no court could care less whether a parent is mentally debilitated because the court can order treatment as a component of reunification.

As for the answer to this...
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2 Answers | Asked in Criminal Law, Child Custody and Civil Rights for Texas on
Q: How to get in jail and how to get arrested
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 13, 2022

A cage is the premier method of punishment in the United States. The idea is as novel as fire. Put a person into a cage and let him age a while. The cage is also a very frequent remedy of the government. Getting into a cage is extremely easy, and for silly, non-violent reasons. The more politically... Read more »

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1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for New York on
Q: Is there any way around the statue of limitation in a case of a civil lawsuit?

I want to proceed with a lawsuit against the fostercare agency which represented me during my youth for civil rights violations, financial fraud, as well as theft of services,& emotional psychological distress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 11, 2022

A tort statute is typically three years, but that is not the issue. The issue is whether the asker has standing to sue as a plaintiff against a foster care apparatus that included a family court. The answer will be no.

America's government creates problems for which they enact...
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1 Answer | Asked in Family Law for New York on
Q: My question is should I get my ex to sign something when I want my child on a certain date for a certain family event?

I live in NY

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 11, 2022

We really cannot tackle this question as we do not know whether the asker has a court order for custody or not. If the asker does, then we do not know what the order says: are modifications subject to reduction to a signed writing or not. If the order does not require signed writings, then possibly... Read more »

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