Q: My niece lives in New Mexico and has a warrant for her arrest for burglary she has an 8-year-old daughter and the dad's
Not in the picture. Can I go pick the daughter up and take custody of her?
A: No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.
A: Having a warrant for arrest is not grounds to lose parenting rights. If the mother would consent to having the chid in your care, you and she could sign a stipulation that could be filed where the child is located and issued as a court order. Some states have an administrative consent process wherein you could draft an agreement and a court would not have to be involved, however you would have to check with an attorney where the child is located as that is the state that has jurisdiction over family law matters.
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