A New York City woman accused of kidnapping her own daughter from her Stamford grandparents claims she has a legal basis for custody, according to her lawyer.

The Bronx mother snuck into her daughter's grandparents' yard, lured her 10-year-old daughter out a window and kidnapped her, Stamford police say.

Police later took Samantha Cuevas into custody in the Bronx because they say she does not have custody of her daughter, Cashmere Robinson. Police said they did not recover the child during Cuevas' arrest. 

Surveillance video at the West Avenue home recorded Cuevas approaching the window with a second child in tow. Police later identified that child as her son.

The video also shows her cutting out the screen, grabbing her daughter's bags and finally convincing her to climb out the window. The woman and two children then run off. 

The little girl's grandmother, who has rightful custody in Connecticut, noticed that the child was missing from her room and called police.

Stamford police issued a Silver Alert, and New York City police tracked down the mother, who had also allegedly tried to take the girl from her school at an earlier point in time.

According to Cuevas' lawyer, she actually does have a legal claim to custody in New York state. In fact, she was arrested at a Bronx courthouse trying to file custody paperwork, according to authorities.

Police say they are now involved in negotiations with Cuevas' attorney about having the girl returned to Stamford.