AP/ February 11, 2009, 4:44 PM

AWOL Mom Gains Honorable Discharge

A New Hampshire National Guard member charged with desertion while trying to gain custody of her 7-year-old daughter has been honorably discharged from the Army, her lawyer said Saturday.

Spc. Lisa Hayes, 32, and her daughter Brystal are back home in Rindge, said Merrimack lawyer Linda Theroux, who has been representing Hayes in her custody battle.

Hayes got the good news Friday night. She and Brystal drove home early Saturday from Fort Dix, N.J., where Hayes had surrendered earlier in the week, Theroux said.

The discharge means Hayes will be able to attend a custody hearing Tuesday in Hillsborough County Superior Court-North, Theroux said.

"She already had Brystal call her father, and he picked her up to make up for the Wednesday visit that he missed," Theroux said.

Hayes could not be reached Saturday afternoon for comment.

Hayes was serving her second tour of duty in Iraq when she learned of possible domestic violence in her ex-husband's home. Tim Knight, of Dublin, had primary custody of Brystal at the time.

Hayes got emergency leave to come home and won temporary custody of Brystal after a court hearing in late February. The court appointed a guardian to investigate both homes and make a recommendation for permanent custody, but that has not been resolved yet.

Hayes' Army commander in Iraq extended her leave briefly three times, but it expired March 25. She tried, but failed, to get another extension, a hardship discharge, or a transfer to New Hampshire, saying she had no one with whom to leave her daughter.

She surrendered at Fort Dix on Tuesday, taking Brystal with her. Army lawyers helped her refile for a hardship discharge Friday, and it was granted hours later, Theroux said.

In the meantime, Knight went back to court Wednesday seeking Brystal's return to his care, concerned that his daughter was missing school and that Fort Dix was not an appropriate environment for her.

According to police and Hayes, Knight was a victim in one domestic violence incident, while the other involved a fight between his mother and girlfriend. The judge who awarded Hayes temporary custody said Knight's problems with alcohol and a stormy relationship with his girlfriend made his home unsuitable for Brystal.
© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
25 Comments Add a Comment
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afinefolly says:
it's bizarre the irony, if the trails were riddled with minimum wage song dance skit kit get well soon you are here why why why feed the world first aid on the trail kids age five and under instead of authorities demanding 10,000% more funding for get sick soon we good you evil your go'n down you're go'n down your'e go'n down tax the world first strike on the trail, the kids would be 99 plus percent less likely to be injured or killed, though they would still constitute the group that absorbs 99 plus percent of spankings
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toolmangler-2009 says:
Take off the Swasitka Sparky and be an AMERICAN for a change.
Posted by MCVet at 02:17 PM : Jun 10, 2007

I told you once before, YOU!!! do not have the right to call me names. My people 'met' your people as they got off the boat!!! If you were not born before WWII, you are not old enought to call me anything but Sir. All of my people fought for this country, Besides that, what does your statement have to do with my reply?
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michellem99-2009 says:
I feel that that woman should takecare of thes she birthed and notyour grandchild just to get more aid. It is a pity you were robbed the joys of that GRANDPA and GRANDMUM. Some are selfish. They the state says their doing it for the best interest and well being of the child. Sorry but not true. I know they don't. I am appalled that there is not a grand parents law nation wide as there should be. I know I to this day love my late grandparents on dad's side. Grandparents are special in a child's life. I never had children but hope you can get her back.
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mcvet says:
Mebbe I misread this article because to me it looks like she got the discharge she needed, just not as fast as she wanted it. So what else neeeds to be done?

Posted by ToolMangler at 02:09 PM : Jun 10, 2007

We SHOULD NOT be asking the National Guard, which was established to help the STATES deal with bad situations AND to help this nation deal with problems INTERNALLY, to be fighting a NEEDLESS WAR in a Country that neither attacked us OR had any Weapons to attack us with. Take off the Swasitka Sparky and be an AMERICAN for a change. God but these Fascist are the worst!! Sieg Heil Bush!!
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toolmangler-2009 says:
Thats whatcha get for serving your country. (THIS one anyway). No further comment - this government aint worth it.
Posted by generey at 01:18 PM : Jun 10, 2007

Mebbe I misread this article because to me it looks like she got the discharge she needed, just not as fast as she wanted it. So what else neeeds to be done?
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generey says:
Thats whatcha get for serving your country. (THIS one anyway). No further comment - this government aint worth it.
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jn122736 says:
%u201CI don't think any parent with small children should serve active duty (combat, overseas apart from family) in the military. %u201C
Posted by Puzzler125 at 10:37 AM : Jun 10, 2007
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During the Vietnam conflict the draft was in place and married men with children (Women were not drafted) were not eligible.

It doesn%u2019t say here whether this lady had a choice of whether or not to go, but it goes to show just how far the administration is willing to go to feed this Iraq fiasco without having to re-instate the draft. They know/knew they could never hold on to power if they did re-instate it.
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puzzler125 says:
I don't think any parent with small children should serve active duty (combat, overseas apart from family) in the military.
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cherryfries says:
Sure, I'm glad she got her daughter back and all but you can't have it both. You leave the COUNTRY and your child, what do you think is going to happen? Then, you don't want to play by the rules. She's very lucky they decided to give her any discharge at all, let alone honorable. A child comes FIRST before country.
Posted by MyOpinion1 at 08:16 AM : Jun 10, 2007

I will bet you that when this woman joined the National Guard, she did so because it would help her raise her child better. My brother is in the National Guard and on the weekends he trains with them and for the week in the summer, it's excellent pay. How dare you insinuate that she just left the country for fun? She left the country because it's what her country called her to do. I'm getting tired of people blaming parents for leaving to do what the government has ordered them to do. Would you have her ignore what the Guard told her to do? Would you have her in jail for going AWOL? Research you facts before you get on your moral high horse and talk about a single mother who's doing the best she can for her daughter. If you yourself were a single mom, you might understand the situation better.
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pudd54 says:
im4honesty
Hope you get your daughter

An Army base are a fine place to raise kids.
Mothers should not always get the kids
Niether should fathers
Grandparents aren't always the best either
Foster homes are almost always bad
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