JUDGES HEAR PA. LESBIANS' CHILD-VISITATION CASE: From the Pittsburgh Post-Gazette

[I'm pretty sure this is the same case discussed here. If so, the daughter was conceived with a sperm donor, "whom both parties knew, [and who] insisted that his parental rights be terminated." --Eve]

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.

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posted by Eve at 3:24 PM | link

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