An Albuquerque woman claimed she had a 5-year-old daughter by her ex-husband, but an Albuquerque judge says that child has never existed.

Viola Trevino was ordered to bring her child, Stephanie Renee Trevino, to court by Monday.

Several hours after her deadline, Trevino walked into court with a little girl in her arms. But the girl, a 2-year-old, was somebody else’s child.

The child’s grandmother, Georgia Chavez, said she went out to get the mail Monday morning when Trevino pulled up in a car. Chavez said Trevino asked if the child would like to see Santa Claus, and receive free gifts and candy.

Chavez said she agreed and got into Trevino’s car with her granddaughter. Trevino drove, parked near the courthouse, and walked off with the girl.

Chavez couldn’t keep up and lost them both.

“I thought I was never going to see my baby girl again,” she said. “It’s the scariest thing. Anything could happen.”

Trevino had taken the child into the court clinic and insisted the 2-year-old was her 5-year-old daughter.

The judge and the Bernalillo County Sheriff’s Department referred the case to the district attorney for possible criminal charges, including perjury and fraud. Officials say kidnapping does not apply to this case.

Trevino’s ex-husband is poised to sue her and others, hoping to recover $20,000 in child support he has paid.

Distant relative says Trevino tried to borrow daughter

Rachel Luna, a distant relative of Trevino, said Trevino had tried to borrow her 5-year-old daughter as well.

Luna said Trevino had claimed she needed to collect a $20,000 prize the girl won in a beauty pageant five years ago.

But Luna, who had seen Eyewitness News 4’s reports of Trevino’s story, says she didn’t buy it.

“She was desperate, crying on the phone, telling me, ‘Please, Rachel, if I don’t take the winner in the morning I’m going to be in a lot of trouble,’ “ Luna said. “I knew what she wanted her for.”