Soldier keeps temporary custody

A National Guard soldier who had been charged with desertion after leaving Iraq to care for her daughter will keep temporary custody of the girl, but permanent custody remains undecided.

Spc. Lisa Hayes's ex-husband, Tim Knight, withdrew his petition for emergency custody of 7-year-old Brystal yesterday. He sought the order last week after Hayes took Brystal with her while she surrendered at Fort Dix, N.J. Hayes, 32, sought and received a hardship separation and an honorable discharge from the Army on Friday and returned to the state Saturday.

Hayes, of Rindge, had not informed Knight she was leaving, their daughter was missing school in Dublin, and Fort Dix was not a good environment for her, his motion said. With Hayes and Brystal back in New Hampshire, he decided to withdraw the motion.

His attorney, Silas Little, declined to comment.

Hayes, who came to Hillsborough County Superior Court in Manchester before an emergency hearing was canceled yesterday, said Brystal enjoyed herself at Fort Dix.

"She thought it was a vacation," Hayes said. "There were tons of kids to play with. She got to eat at the chow hall."

A guardian is still investigating both homes. No date has been set for a hearing on permanent custody.

Hayes said she and Knight shared custody of their daughter until November 2005. Concerned about his drinking and other behavior, she went to court seeking primary custody. But a Cheshire County Superior judge awarded it to Knight instead because Hayes had moved to Webster and the judge thought Brystal should remain in Dublin, Hayes said.

Hayes sought a new hearing but then was deployed to Iraq for a second time. Late last year, unable to reach Knight, she called the Dublin police and learned of alleged domestic violence incidents at his home.

Concerned for her daughter's safety, Hayes obtained emergency leave in February and returned to New Hampshire for a new custody hearing. A marital master awarded her temporary custody, finding Knight's alcohol abuse and relationship with his girlfriend made his home an unsuitable environment.

Hayes, who had no one else to care for her daughter, ran into trouble with the National Guard when she overstayed her leave. She was declared absent without leave in March and charged with desertion a month later. She surrendered last month after trying, but failing, to get an extension on her leave, a transfer to New Hampshire or a hardship separation. Army lawyers helped her refile for the hardship separation, and it was granted quickly.

By KATHARINE WEBSTER

The Associated Press