(CBS) CONCORD, N.H. A National Guard soldier serving her second tour of duty in Iraq could face several years in prison on desertion charges after leaving the Army to pursue custody of her young daughter.
Spc. Lisa Hayes, 32, of Rindge, N.H., asked for emergency leave in February to attend a court custody hearing.
According to the Concord Monitor, Hayes sought custody after she learned of two violent incidents between her ex-husband and his live-in girlfriend. Hayes' ex-husband has primary guardianship of the child.
Hayes' leave expired in March but the court proceedings are not finished. She went ahead and filed for a hardship discharge.
"I can't serve my country at my daughter's expense," Hayes told the Monitor. "I have to be here. There's no going back."
The Guard says it's trying to help Hayes, but claims she isn't following procedure.
Her commander, Capt. Tony Gagnon, extended her leave three times to prevent her from entering AWOL status. He also informed her that she needed to improve communication with her superiors.
First Sgt. Michael Daigle, a spokesman for the state National Guard, said Hayes has forgone assistance and ignored counsel.
"It's not fair to every other soldier if we give her special treatment," Daigle told the Monitor. "There are so many soldiers at war that are single parents who came up with a responsible family care plan to take care of their children."
Hayes arrived at Fort Dix in New Jersey this morning. She faces a dishonorable discharge and up to two years in prison.
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