Wednesday, December 16, 2009

R.M.G., JR. v. F.M.G.

R.M.G., JR. v. F.M.G.
No. 908 WDA 2009 2009 PA Super 244 Atlantic: n/a Filed: 12/16/2009

Appeal from the Order entered May 4, 2009
In the Court of Common Pleas of Westmoreland County
Civil Division, at No. 733 of 2005-D
Opinion by: CLELAND, J.
R.M.G., Jr. (“Father”) appeals from the order entered on May 4, 2009 following a hearing on the petition filed by F.M.G. (“Mother”) to modify custody of their two children, S.G. (d.o.b. 2/13/99) and Z.G. (d.o.b. 10/23/00) (collectively “the Children”). Father complains the trial court erred by modifying a May 2008 custody arrangement because Mother did not demonstrate a material change in circumstances. Father also argues the trial court erred or abused its discretion by finding a changed custody arrangement would serve the best interests of the Children. Because a material change in circumstances is not a prerequisite to modification and because we find no abuse of discretion in the trial court’s modification of the May 2008 arrangement, we affirm.
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