Peter Christopher Lomtevas

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.

• Wrongful Conviction
• Municipal Liability

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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. Can I gain legal rights to a child I've raised, not biologically mine, in NY?

April 1, 2025

A: While we are prohibited from dispensing legal advice given the anonymous nature of this web site and the lack of knowledge of the facts, some situations are too important for us to stay silent.

In general terms, New York as well as a majority of the states of the United States push for biological parents to raise their children. That is the best protection a child can have: two parents who love their child. However, life's maladies easily lead to failures, and children are orphaned (separated from their biological parents) for any among uncounted reasons.

Grandparents have a second-in-line chance pursuant to New York's Domestic Relations Law (DRL) §§240 and 72 to obtain visitation and custody of a grandchild. In some circumstances, an extended disruption can consist of a father who moved away and a mother is either dead or also walked away. A provision in DRL §72.2.(b) is available for a petition in family court or a special proceeding in Supreme Court:

"(b) For the purposes of this section “extended disruption of custody” shall include, but not be limited to, a prolonged separation of the respondent parent and the child for at least twenty-four continuous months during which the parent voluntarily relinquished care and control of the child and the child resided in the household of the petitioner grandparent or grandparents, provided, however, that the court may find that extraordinary circumstances exist should the prolonged separation have lasted for less than twenty-four months."

This provision may be of enormous value to the asker who appears not to be a grandparent but rather a friend to keep the child safe, fed, and nurtured so as to grow up. A foster care alternative hosted by government would be the absolute last option. An attorney will also prove to be invaluable because practicing attorneys know how to assemble the documents, file them, serve them, and act on them in court. The court's process is not a do-it-yourself project as a child's future is involved.

However, as a point to remember, if the biological parents remain under wraps and do not claim their child, a possible course of action is for the asker to do nothing and let time accumulate. Once either parent moves for custody in a court, then the asker can respond with the above quoted statutory authority and then obtain an order of the child's custody.

Knee jerk court usage is ill advised. Allow the adversary to expose himself/herself and then respond. The results may be satisfying. ... Read More

Q. In NY, does non-cooperation with ACD conditions result in arrest if the order is 'by consent'? Why is it enforceable?

March 27, 2025

A: Well, just as a breach of any contract carries legal consequences, the failure of a consenting parent to abide by an agreement to go through post judgment activities also carries legal consequences. "Consent" does not mean immunity from complying with cooperating with supervision visits, ensuring her child receives mental health treatment, and maintaining suitable housing.

Any failure is sufficient to vacate the ACD and restore the matter to the court's calendar for more sardonic results. That is how the apparatus is set up. Compliance with government commands must take place.

Q. How to regain full custody in NY after losing temporary custody?

March 27, 2025

A: We have no idea what happened to this asker. Another parent entered the picture in January, and poof, the child's custody is flipped and the question is how to unflip. We need more information: the facts, the age of the child, the living details of the parents (incomes), copies of transcripts and filings.

The asker discusses a temporary order of custody which can only exist during the pendency of a custody proceeding. No final outcome can include a temporary order of custody, which means there must be current, active case. We do not know why there was a flip of custody, but that requires a sufficient change of circumstances that warrant a review of the custody order to determine if it is still in the child's best interests. This means there had to be a hearing unless the asker consented. Legalistic language spoken in courts can easily befuddle the uninitiated, and accidents involving the custody of children can happen. As family court is a generation-impacting court, a lawyer is needed at every step of the way.

Given that there are too many missing pieces to this question, we cannot opine as to what to do. This ends the analysis. ... Read More