MANCHESTER, N.H. (AP) – A National Guard soldier charged with desertion after leaving Iraq to care for her daughter will keep temporary custody of the girl, but the matter of permanent custody remains undecided.

Spc. Lisa Hayes’ ex-husband Tim Knight on Tuesday withdrew his petition for emergency custody of 7-year-old Brystal. He sought the order after Hayes took Brystal with her to Fort Dix, N.J., while she sought and received a hardship discharge from the Army. Knight filed the motion because his daughter was missing school and he said Fort Dix was not a good environment for her.

With Hayes and Brystal returned to New Hampshire on the weekend, that no longer is an issue.

Hayes said Brystal enjoyed herself on the road trip from New Hampshire to Fort Dix, and had fun at the Army base.

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

Knight had primary custody of Brystal while Hayes, 32, was serving in Iraq. Hayes now is seeking permanent primary custody. No date for those proceedings have been set.

Hayes, of Rindge, was serving her second tour in Iraq last year when she learned of two alleged domestic violence incidents at Knight’s Dublin home. Concerned for her daughter’s safety, Hayes got emergency leave in February and returned to New Hampshire to care for her daughter. A court official awarded Hayes temporary custody after ruling that Knight’s alcohol abuse and relationship with his girlfriend made his home an unstable environment for a child.

Hayes ran into trouble with the military when her leave expired before a court-appointed guardian could make a final recommendation on permanent custody. She was declared absent without leave in March and charged. She surrendered last week at Fort Dix, where she was granted an honorable discharge.

AP-ES-06-12-07 1520EDT

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