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2 Answers | Asked in Family Law for New York on
Q: I had a friend serve my child’s father the child support papers ever since then I’ve been receiving threats

And people are mentioning my child . I am scared for me and my children safety. What should I do ? And can he ask for visitation if the petition was filed for Support only ?

Peter Christopher Lomtevas
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answered on Dec 5, 2024

This question reveals how government inspires a family fight where the child suffers and the state benefits. Parents take turns winning over time.

Going to government for help is never a good idea. The asker filed for child support and had the father served. Now the father must respond and...
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4 Answers | Asked in Criminal Law and Family Law for New York on
Q: Can THEY put me in jail ?

I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More

Peter Christopher Lomtevas
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answered on Dec 5, 2024

Socialism in Greece has often encompassed concepts such as anti-establishment, gender equality, communism and social progressivism. Socialism in the United States followed an Obama concept characterized by a federal father guiding and leading his citizen children. Dad will take care of all the... View More

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3 Answers | Asked in Divorce for New York on
Q: In NYS, do I have to continue paying my ex-wife maintenance payments if she moves in with another guy?
Peter Christopher Lomtevas
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answered on Nov 14, 2024

Yes, if the order of spousal support does not terminate such support upon the ex-wife's moving in with a paramour. The order of spousal support controls all the activities of the ex-wife. If there is no such provisions, then the asker should retain counsel to move the court to terminate the... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: How do I get my child returned to me from nys foster care?

I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met... View More

Peter Christopher Lomtevas
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answered on Nov 14, 2024

Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until... View More

2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More

Peter Christopher Lomtevas
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answered on Nov 14, 2024

New York has no such statute referred to as the Welfare and Institutions Code §388 for the return of children on remand by a family court judge into foster care. This is why the asker's attorney did not file it in a New York child protective case, hence there is no misconduct.

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2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Peter Christopher Lomtevas
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answered on Nov 6, 2024

In much the same way judicial decisions are made in socialist countries, the same approach is in full swing in the U.S. The court made up its mind without a hearing, and the message to the asker is to surrender and agree to a finding of guilt.

If the attorney is assigned by the court (free...
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1 Answer | Asked in Divorce, Domestic Violence and Identity Theft for New York on
Q: I believe I may have been a victim of Human Traffic committed by my ex. How to address this on my divorce case?

We met in Brazil in 2007, and reconnected in 2011. He filled bankruptcy in NYC, went to Brazil to attest he loved me and convinced me to move to NYC later that year. Less than 6 months later, he proposed, but because of Defense of Marital Act, we only got married in 2013. My ex issued the first... View More

Peter Christopher Lomtevas
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answered on Nov 3, 2024

First and foremost the asker must retain a lawyer to represent her and guide her throughout her divorce. We cannot provide such a service here online. Secondly, the asker makes rather bombastic allegations that should appear in the pleadings prepared by her lawyer. Some facts are important while... View More

2 Answers | Asked in Civil Litigation, Family Law and Appeals / Appellate Law for New York on
Q: If there are missing documents & discrepancies w/“record” file sent from Family Court; what is the remedy to rectify?

(Pro-Se litigant)appeals process of 3 orders from FamCourt; have been approved for consolidation to 1 brief by the Appellate Court 2nd Dept,(hereafter referred to as AD2). Ive been assigned a “case manager” by AD2. By order of the Court I am to perfect my appeals by original record... View More

Peter Christopher Lomtevas
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answered on Oct 17, 2024

The asker must get together with his adversary and the attorney for the child if any and stipulate to the contents of the record that is correct and complete. Otherwise, there is no procedure to correct misfiled contents of the family court record. The record can be in total disarray including... View More

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3 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for New York on
Q: Subject Matter Jurisdiction is exclusive to SupremeCourt/(IDV part)order(orig)? Does Fam Court have competence to modify

Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More

Peter Christopher Lomtevas
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answered on Oct 17, 2024

This question is fertile soil for a harvest of information regarding the reduction in legal rights held by parents. The integrated domestic violence court in each New York county is an assembly of family, supreme, and criminal court jurisdiction under one judge in one courtroom. Such a... View More

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1 Answer | Asked in Family Law for New York on
Q: I broke up with my boyfriend. He won’t move out of the apartment we’ve been sharing for 6 years. How to I get him out?

He says I have no legal right to kick him out. His name is on the electric and internet bill as that was what agreed on when we moved in. We don’t have a lease with the landlord, we pay month to month. She doesn’t want me to leave but I can’t live with him anymore. He also cannot afford the... View More

Peter Christopher Lomtevas
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answered on Oct 16, 2024

This question belongs on a bar examination because there is no solution in the real world.

First and foremost, there is no such thing as longevity-equity in housing. Tenants and owners are here today and gone tomorrow. Housing is as provisional and fleeting as are interpersonal...
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1 Answer | Asked in Family Law for New York on
Q: My son father has put a order of protection against me he told me that I can not be around him or our son

He told me that I can not pick up my son from school or be near it and I can’t be near him I went to the court and I found out that the protection is against me only not with my son now we have mediation and he violated the contract for me not seeing my son and my son primary home is with me we... View More

Peter Christopher Lomtevas
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answered on Oct 15, 2024

There is no question here, but there is much to say about this factual narrative. It is the liberal mind's product of protecting a class of people against violence in the home. Let us review the purposes of domestic violence law.

Originally, men who were violent in the home were...
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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: If I had an order of protection placed upon someone when i was 17, can i get it removed now that i am 18.

It was due to an altercation between my ex girlfriends dad and I, i want to know if i can get it removed now so i can try and mend relationships with him.

Peter Christopher Lomtevas
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answered on Oct 15, 2024

We cannot answer this question.

In New York, there are two types of orders of protection: the family court (civil) order of protection, and the criminal court (criminal) order of protection. The Fed pays gobs of money for domestic violence prosecutions, and New York gobbles up the money and...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My ex wife in Texas has filed to terminate my parental relationship with the tow children we have together. I need help.

I don't know what my options are or how to file my response. I have 20 days to respond.

Peter Christopher Lomtevas
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answered on Oct 15, 2024

The asker omits much information in an otherwise broad question. The asker needs an attorney for the best answer.

Texas is one of the states of this union that allows a parent to sign away their parental rights to their child. New York has no such law. Texas Family Code, Chapter 161,...
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1 Answer | Asked in Family Law and Libel & Slander for New York on
Q: The family Court judge refuses to dismiss a TRO filed under fraudulent, false and defamation. I have filed motions.

The TRO was to terminate 10/31/24 the Plaintiff was granted and additional 6 based upon further foreseeing evidences or proposals actions. Federal violations were committed in complaint and the justice refused to act upon documents I submitted and still granted. The Plaintiff drop a previous... View More

Peter Christopher Lomtevas
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answered on Oct 15, 2024

This passage omits any question, and as such we do not know how to answer this. The asker also does not tell us what area of the law this question arises under. Is this a divorce/family court offense "TRO," or is this a criminal "TRO." We do not know.

There is also no...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have 50/50 custody and full decision making and full residential for the kids. What things can I say no to

What am I allowed to say no to with out getting in trouble. Do I have to let other parent talk to the children during the week. I let the other parent see children just not when ever the other parent would like. Due to having other plans and children wanting to see other family, is that okay?

Peter Christopher Lomtevas
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answered on Oct 15, 2024

We frequently get these questions that involve the "construction" of family court orders. The word "construction" means to construe, to analyze an order. We cannot construe this asker's order because we do not see it in its entirety. However, we can take a stab at the... View More

1 Answer | Asked in Family Law for New York on
Q: I won my child support case, my ex was given 30 days to appeal but she didn’t. Now 7 months later she’s trying to, help?

I lost my job and filed a petition to change my support order until I got a new job. The judge ruled in my favor because my ex didn’t show up to court. He ruled I don’t owe back child support. She had 30 days to appeal the decision but didn’t. 7 months later she filed a support summons in a... View More

Peter Christopher Lomtevas
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answered on Oct 10, 2024

The asker describes what typically happens when individual litigants attempt to do legal representation without an attorney. The labyrinthine process makes no sense even to experienced attorneys. Let us unpack what the procedure was the asker is describing.

The loss of a job is no basis for...
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1 Answer | Asked in Elder Law, Family Law, Child Custody and Child Support for New York on
Q: How do attorneys specializing in family law find and retain the services of Spanish interpreters?

Asking as a NY Court certified Spanish interpreter available for 722-C assignment.

Peter Christopher Lomtevas
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answered on Oct 10, 2024

Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?

What recourse do you have to ensure you still have access to your children?

Peter Christopher Lomtevas
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answered on Oct 16, 2024

We the people enjoy a fundamental right to travel. That is a liberty interest established by Supreme Court caselaw. The wife can go anywhere she wants with or without the children.

The exception is that once there is a custody order entered by a court, then the mother must seek a...
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1 Answer | Asked in Child Support and Family Law for New York on
Q: I am currently in arrears. I had 2 support orders. The second is SIGNIFICANTLY larger than the first.

I have been unemployed for 10 months now

Peter Christopher Lomtevas
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answered on Aug 19, 2024

There is no question here.

The asker must retain an attorney to file a petition for downward modification. However, his arrears will not disappear unless he can get the custodial parent to waive arrears in court before a support magistrate.

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Real Estate Law for New York on
Q: What rights do I have to remove an unwed domestically violent co-owner from the deed, when he has the mortgage?

I can prove that without my money, he wouldn't have gotten the mortgage.

Peter Christopher Lomtevas
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answered on Jul 21, 2024

The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More

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