In Matter of Rasheed A. (238 NYLJ 24 Fam Ct, Kings County, July 6, 2007, Goldstein, Ref., G19009/06), the court found a biological mother (whose parental rights had been terminated) had standing to seek guardianship of her son who had been adopted by her cousin. The only alternative to living with biological mother was "placement in a locked facility due to the child's severe ADHD"

The Rasheed A. court devised a stringent four-pronged test, first requiring that the parties either consent to the arrangement or the biological parent establish extraordinary circumstances.

The Rasheed A. court further required a biological parent to outline "certain unusual and compelling circumstances" by (1) demonstrating that the circumstances which led to the placement of the child in foster care had been eliminated, (2) proving by substantial evidence that the child would suffer serious harm if custody was not awarded to him; and (3) showing he sought to adopt the child thus giving that child permanency.