Three members of state Superior Court yesterday heard arguments from lawyers for two lesbian women, one of whom is asking the appeals court to grant her visitation with her nonbiological daughter.

The couple split eight years ago. Since then, the biological mother has successfully kept her former partner away from the girl, now 11, except for three sessions they had with a therapist.

Because the girl has been alienated for so long from the noncustodial partner, it would not be in her best interest to re-enter a relationship with her, argued Nicholas Banda, who represents the birth mother.

Although the state Supreme Court has ruled that the noncustodial parent had standing to seek visitation, a lower court subsequently ruled that it would not be in the child's best interest to reunite with her because of length of the alienation.

Alphonso David, attorney for the noncustodial mom, cited state law and public policy that he said prohibits the parent with custody from alienating the other parent, then claiming a resumption of their relationship would be psychologically harmful to the child.

Judge Michael T. Joyce and President Judge Joseph A. Del Sole several times yesterday interrupted Banda's arguments to question his client's action to alienate the child.

"Why should this custodial parent be rewarded for alienating the child [from the other parent]?" Del Sole asked Banda.

"There should have been visitation all along," Joyce said. "As judges, we all have been faced with that, and we have punished the custodial parent."

"The [lower court judge] is saying there's nothing there to re-establish" between the child and the noncustodial parent, Senior Judge Patrick R. Tamilia said.

David said his client, if successful in getting visitation, would evaluate her relationship with the girl. If, within six months, their get-togethers do not progress smoothly, she would be willing to withdraw her demand to visit, David said.

Neither woman is identified in court papers to protect the identity of the child.

David is a staff attorney for the Lamda Legal Defense and Education Fund. The organization specializes in seeking full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV.

"Decades of well-established law in Pennsylvania make it clear that visitation shouldn't be denied just because one parent alienated the child from the other parent. This case shouldn't be decided any differently simply because the child's parents are lesbians," David said in a news release issued by the fund.

The Superior Court did not indicate any time frame for issuing a ruling.