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
Before: MUSMANNO, BENDER AND CLELAND, JJ.
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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Superior Court - TONI J. STAUB v. BRIAN L. STAUB

TONI J. STAUB v. BRIAN L. STAUB No. 1636 MDA 2007 2008 PA Super 251 Atlantic: 960 A.2d 848 Filed: 10/21/2008
	Appeal from the Order Entered August 24, 2007, Court of Common Pleas, York County, Domestic Relations Division, at No. 2006-CU-2123-Y03.
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: SHOGAN, J.
Appellant (“Father”), Brian L. Staub, appeals from the order denying his petition for special relief brought pursuant to Pa.R.C.P. 1915.13. Therein, Father requested that the trial court prevent continued home schooling of the parties’ minor children by Appellee (“Mother”), Toni J. Staub. On appeal, Father asks us, inter alia, to adopt a clear but narrow rule that requires children to attend public schools when parents who share legal custody cannot agree on home schooling versus public schooling. We decline to adopt such a rule or presumption. To the contrary, we hold that the well-established best interests standard, applied on a case by case basis, governs a court’s decision regarding public schooling versus home schooling. Utilizing this standard, we affirm the trial court’s order.

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