Hale, D. v. Hale, K.

2025 Pa. Super. 233
CourtSuperior Court of Pennsylvania
DecidedOctober 15, 2025
Docket651 MDA 2025
StatusPublished

This text of 2025 Pa. Super. 233 (Hale, D. v. Hale, K.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hale, D. v. Hale, K., 2025 Pa. Super. 233 (Pa. Ct. App. 2025).

Opinion

J-S28001-25

2025 PA Super 233

DANIELLE HALE : IN THE SUPERIOR COURT OF : PENNSYLVANIA v. : : KYRA HALE : : v. : : BREANNA MILLER : No. 651 MDA 2025 : Appellant : :

Appeal from the Order Entered April 16, 2025 In the Court of Common Pleas of Luzerne County Civil Division at No(s): 2021-03126

KYRA HALE : IN THE SUPERIOR COURT OF : PENNSYLVANIA v. : : DANIELLE HALE : : v. : : BREANNA MILLER : No. 729 MDA 2025 : Appellant : :

Appeal from the Order Entered April 16, 2025 In the Court of Common Pleas of Luzerne County Civil Division at No(s): 2021-02780

BEFORE: BOWES, J., OLSON, J., and KING, J.

OPINION BY BOWES, J.: FILED: OCTOBER 15, 2025

Breanna Miller (“Appellant”) appeals the April 16, 2025, order that

denied her petition to intervene in custody proceedings pertaining to L.M., a J-S28001-25

female child born in 2011, and G.H., a male child born in 2018 (collectively,

“the Children”). We reverse and remand with instructions.

We glean the relevant factual and procedural history of this matter from

the certified record. Although both custody matters are listed above, the

instant appeal solely pertains to Appellant’s request to intervene and seek

partial physical and shared legal custody of G.H. The trial court aptly

summarized the relevant contours of the beginning of this litigation as follows:

This case has a long and complex history. The parties to this case are Kyra Hale [(“Kyra”)] and Danielle Hale [(“Danielle”)]. Kyra is the biological mother of the Children, and Danielle is the former spouse of Kyra and second parent to the Children. Upon separation of the parties in 2021, Kyra remained in Luzerne County, Pennsylvania, with L.M., and Danielle relocated to New Jersey with G.H. There has been a significant amount of litigation between the parties regarding the custody arrangement of the Children.

Trial Court Opinion, 5/30/25, at 1 (cleaned up). The court also cogently

recounted the relevant aspects of the custody litigation that predated the

instant controversy:

The most recent [c]ustody [o]rders dated February 7, 2023[,] and June 4, 2024[,] provide that [Kyra and Danielle] share legal custody of [the Children], with Kyra having primary physical custody of L.M. and Danielle having primary physical custody of G.H. Kyra has partial physical custody of G.H. on alternating weekends, and Danielle has partial physical custody of L.M. on alternating weekends, with the parties’ weekends each coinciding such that [the Children] are together each weekend, regardless of which parent’s home they are at.

-2- J-S28001-25

Id. at 2. We note that these custody awards are also generally reflective of

the awards predating February 2023. See N.T., 2/27/25, at 83.1

Danielle began dating Appellant in August 2021, while she and G.H. still

resided in New Jersey. Id. at 6. Between August 2021 and January 2022,

Appellant began assisting Danielle in caring for G.H. by watching him on

several occasions and assisting in his potty-training regimen. Id. at 83-84,

254. In February 2022, Appellant, Danielle, and G.H. collectively relocated to

Chester County, Pennsylvania, and began living together as a family unit. Id.

at 7-8, 86. The certified record indicates that while they cohabited for

approximately three years, Appellant played a significant role in co-parenting

G.H. and providing for his day-to-day care.

Danielle and Appellant ended their relationship in September 2024 after

unsuccessfully attempting “co-parenting” counseling. Id. at 8, 136-37.

Consequently, Appellant relocated to a different unit of the same apartment

complex as G.H. and Danielle. Id. at 8. On November 29, 2024, Appellant

sought permission to intervene in the custody proceedings pursuant to 23

Pa.C.S. § 5324. Specifically, Appellant alleged that she had standing with

respect to G.H. upon the basis of in loco parentis. See Petition for Permission

to Intervene, 11/29/24, at ¶¶ 4-8. She claimed that she performed parental

____________________________________________

1 The notes of testimony in this case are combined and encompass the full testimony from both hearings on February 27 and March 20, 2025, respectively. To avoid unnecessary confusion, we will refer only to the first hearing date in our citations to the relevant transcript passages in this writing.

-3- J-S28001-25

duties with parental consent from 2021 until the time her relationship with

Danielle ended in September 2024. Id. at ¶ 5(a)-(e). In addition, she

attached to the petition a motion to modify custody that expressed her intent

to seek shared legal custody and partial physical custody of G.H. Id. at Exhibit

B.

On December 10, 2024, Danielle sought a protection from abuse (“PFA”)

order in an attempt to restrict Appellant’s contact with G.H. See N.T.,

2/27/25, at 168. Ultimately, the trial court denied the PFA petition, which was

described as a “retaliatory” filing that lacked merit. Id. Despite these events,

Danielle continued to permit G.H. to visit Appellant, with the most recent

interaction occurring in approximately February 2025. Id. at 168-69.

Communications in the certified record also reveal that Danielle offered to

enter into an “unofficial custody arrangement” that would have permitted

Appellant to have contact with G.H. in exchange for a monthly stipend of

between $1,000 and $2,000. Id. at 171-72. Appellant declined to enter into

such an agreement. Id. at 170-71.

The trial court held hearings on February 27 and March 20, 2025,

wherein the parties testified. Additionally, G.H.’s guardian ad litem, Jessica

Pleskach, Esquire, also briefly attested to G.H.’s feelings regarding Appellant.

On April 16, 2025, the trial court filed an order and opinion that denied

Appellant’s request to intervene. Of note, both Appellant’s petition and the

court’s order listed both of the Children’s custody docket numbers.

-4- J-S28001-25

On May 13, 2025, Appellant timely filed a single notice of appeal listing

both docket numbers.2 Appellant did not contemporaneously file a concise

statement of errors complained of on appeal pursuant to Pa.R.A.P.

1925(a)(2)(i) and (b). However, the trial court directed her to file a concise

statement, and she timely complied.3 The trial court submitted a responsive

Rule 1925(a)(2)(ii) opinion, which reiterated the reasoning in its original

order.

Appellant raises the following issues for our consideration:

1. Did the trial court commit an error of law and/or an abuse of discretion in determining and identifying [Appellant] as a caregiver and performed [sic] tasks as a caregiver and not assuming a parental role and performing parental duties?

2. Did the trial court commit an error of law and/or an abuse of discretion in determining that Kyra did not provide permission for [Appellant] to perform parental duties and that both Kyra and [Danielle] unequivocally objected to [Appellant] acting as a parent and performing parental duties? ____________________________________________

2 As such, this Court entered an order noting that Appellant’s notice did not

comply with Commonwealth v. Walker, 185 A.3d 969, 977 (Pa. 2018) (requiring appellants to file separate notices of appeal when a single order resolves issues arising on more than one lower court docket). We directed her to file amended notices of appeal pursuant to Pa.R.A.P. 902(b)(1) within ten days. See Commonwealth v.

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Bluebook (online)
2025 Pa. Super. 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hale-d-v-hale-k-pasuperct-2025.