By Legal Aid WV | Categories: Client Story | Comments Off on Rebecca’s Story
As a mother, grandmother, and volunteer in her community, Rebecca is no stranger to stepping in and stepping up for others. But when her oldest daughter, Thea, passed away after a long history with substance use disorder and mental health diagnoses, she was not prepared for what followed.
“The more I found out, the worse it was. I didn’t realize I had raised someone to do the things that she did.”
Two years ago, Rebecca recalls dropping her youngest daughter off at work in the morning.
“Not long after, she calls me screaming and crying, and she said, ‘I think Thea’s dead.’ Thea’s husband at the time had posted on Facebook that he was going to miss her,” she says. “I had no way to get ahold of anyone to find out if this was true, so I called the police and gave them all the information. An officer called me back and confirmed, yes, that is what had happened.”
Rebecca was devasted but not surprised.
Like all parents, Rebecca and her husband wanted the most for their daughter, but by the time Thea passed in 2023, they were all but strangers. Over the years, Thea cycled through relationships, spent time in and out of prison, and made decisions her family couldn’t support. Throughout those years, Rebecca would always care for Thea’s two young daughters, taking care of them while their mother was incarcerated. Although she lost touch with Thea because of her addiction, she had a close, special bond with her two granddaughters, Amaya and Savanah.
“I would check in with family,” she says. “Every time I would ask someone else in my family—everyone told me everything was fine. The children always told me it was fine. She knew how to play the system so well.”
Rebecca found out Thea passed on a Saturday and worked quickly to go pick up her granddaughters and take charge of the situation. She contacted Child Protective Services (CPS), who also told her she was doing everything right.
“When I got the children, they had their backpack, two shirts, a pair of pants, and what they were wearing. Neither girl had shoes even,” Rebecca describes. She had to start from the foundation to build a home for the girls. “I started with the schools because they needed to be in school, of course. They had already missed 22 days by the time I got them. The school told me about the Lawyer in the School program (LIS) where an attorney comes each week.”
The following Wednesday, Rebecca went to the Lawyer in the School (LIS) clinic at her granddaughter’s school to ask for advice in getting custody of Amaya and Savanah, along with questions about food security and appropriate housing. The LIS attorney Amber agreed to assist Rebecca and filed for minor guardianship of Amaya and Savanah.
“I told her the story from the beginning—and it’s a long story from the beginning. Amber was amazing!”
When Rebecca went to the first guardianship hearing in family court, the result was unexpected.
“Thea’s ex-husband showed up,” she says. Thea’s ex-husband had a long history of criminal activity, including repeated domestic violence against Thea, and Amaya and Savanah were terrified of him. In fact, there had previously been a long-term restraining order against him to keep him away from the girls.
“The first words out of his mouth were, ‘Their grandmother can keep Amaya, but I want Savanah.’ I think he didn’t want to have to pay child support.”
The family was terrified of being pulled apart in a custody battle.
Rebecca and her husband didn’t just want custody of their granddaughters to brag about a victory to her family. They loved their granddaughters and wanted to create a safe environment for them to heal and grow.
Amidst everything else, Rebecca was diagnosed with cancer, and Amaya was suspended from school.
“We were really struggling with this legal stuff, and quite frankly, I was losing my mind over it,” Rebecca says. “Amber went with me anywhere for anything. I could message her when I remembered stuff.”
Amber also referred them to a LAWV attorney that specializes in special education needs. They worked with Amaya to work through the complicated situations high school presented for her.
Finally, after numerous hearings, Rebecca and her husband were granted full-time custody of both Amaya and Savannah.
“When I finally got custody, it changed things for the whole family. I almost fell out on the floor when Amber called me. It had been two years.”
Now, the girls are both attending school and counseling sessions regularly. The family has moved into a bigger apartment, and they are making plans for the future.
“I just know that without Legal Aid, we wouldn’t have these kids. My husband and I live on a fixed income. I would not have been able to afford an attorney, but like the judge said to me, they are in the best place they could possibly be. They are thriving for the first time in their lives.”
By Legal Aid WV | Categories: Client Story | Comments Off on Jennifer’s Story
Jennifer is used to advocating for her son, J, who was diagnosed with autism at the age of three.
Two years ago, she hit a wall she just did not know how to climb herself. Enter Legal Aid of WV (LAWV).
Jennifer applied for the West Virginia Intellectual and/or Developmental Disabilities Waiver (IDDW) for her son when J was 15. The program is part of Medicaid’s services in West Virginia and was created to help keep those with intellectual disabilities in their homes and communities rather than an institutional setting.
IDDW “provides services that help to teach, train, support, guide, and assist members reach the highest level of independence possible in their lives,” according to the West Virginia Department of Human Services (WVDoHS).
“To be J’s advocate—first of all, I’m honored. Nobody is else is going to do it,” Jennifer says. “On the flip side, even in the school system or life itself, we have to fight for everything. I won’t always be around. I have friends with experience in special education who first told me about IDDW and told me to get it for J because the benefits will stay with him for his lifetime.”
Jennifer set up J’s first evaluation for IDDW after reviewing the requirements for IDDW on the WVDoHS website. A week or two later, they received a letter in the mail saying J was not considered eligible.
Jennifer followed the steps to set up a second evaluation, this time using Zoom.
“We got another no after the Zoom evaluation,” says Jennifer. “The third option was a hearing, and a friend of mine had my attorney help before, so she gave me her information. I called and told her my story. After she reviewed my information, she said, ‘Yes. We’d like to represent you.’”
Jennifer and her LAWV attorney prepared for the hearing in front of WVDoHS in the months leading up to the scheduled date. Finally, they arrived at the hearing, ready and hopeful.
Unfortunately, the hearing proved to be a frustrating experience for Jennifer.
“They told me the evaluation found that J has an intellectual development disorder, not a disability,” she says. “They explained that was all they needed to say, but they would explore their reasons since we were at the hearing. They went on to say the evaluation found J was not eligible because they were judging him based on new criteria that would soon take effect. That didn’t make sense to me. I checked, and he met the eligibility. I just wanted to know why.”
After the hearing, Jennifer and her attorney discussed the outcome, and they decided to appeal the decision. J’s determination should not have been made using rules that were not in effect yet.
Through the appeal, J was granted a third evaluation, where he was determined eligible for IDDW.
“This March, we got the letter saying he was now on the waitlist,” says Jennifer. The process took almost two years from the date of her application. “My attorney actually went back and asked that we be moved up the list to reflect the date I originally applied, and they agreed. We are still on the waitlist for services, but we are much closer now.”
Even though Jennifer is thorough about finding services and learning about J’s needs, she says she probably would not have kept going without LAWV’s help.
“I don’t think I would have known on my own to appeal and get a hearing as a person representing myself and my son,” Jennifer says. “From the first no, I hesitated. I thought, ‘This is a psychologist. Maybe J doesn’t have a disability.’ But after the second no, I kept thinking, ‘He meets the requirements.’ I was not understanding, and having an attorney affirm that he seemed to meet them made a big difference.
“I think of the ones who get a no from the get-go and don’t appeal it. It breaks my heart that they get that no and just stop. I think, what if I would have stopped trying?”
Both Jennifer and her LAWV attorney are pleased she found the chance to keep trying.
“Jennifer is an amazing advocate for her son,” says her attorney. “When Jennifer received the initial evaluations and determination, she knew right away that they did not match with what she knew about her son’s abilities. We were thrilled to be able to help her ensure a more secure future for J.”
By Legal Aid WV | Categories: Client Story | Comments Off on Quentin’s Story
“I’ve never really needed a lawyer. I didn’t even know how to go about getting a lawyer,” Quentin explains about trying to find legal help.
When he moved into his apartment on a six-month lease, he didn’t expect issues with his landlord. But soon, he was trying to defend himself against eviction. It was clear immediately he would need help from a legal professional.
“They were threatening me with eviction because I had my emotional support animal here,” says Quentin. “His name is Cuddles, and he’s a senior cat. I’ve had him for about five years so since before I lived here.”
Quentin started by walking into the law firm across the street from his apartment. He told them what was going on and says they agreed with him that it didn’t sound right. The firm directed him to Legal Aid of WV, where he applied for help.
“I actually worked with two staff at Legal Aid, Tricia and Ed,” he says. Tricia, a paralegal, and Ed, an attorney, specialize in helping clients with housing cases. “Working with them was great. I feel like they really went to bat for me. I feel like they did everything they could for me not to lose my place.”
Together, they worked on the concern the landlord had about the proper paperwork for Cuddles. Tricia and Ed had extensive back and forth with Quentin’s landlord, including a conference call where Ed had to walk through every aspect of Cuddles’ legitimacy. Finally, Quentin’s landlord dropped the eviction.
Quentin didn’t have to find new housing quickly—a tremendous relief for him. And, of course, he didn’t have to worry about losing Cuddles.
“I just knew when Quentin came in that we had to help him,” says his Legal Aid of WV legal assistant. “He was a great client, and our office loves the story of Cuddles the cat.”
By Legal Aid WV | Categories: Client Story | Comments Off on Jodi’s Story
Jodi is a therapist whose job is the main source of income for her household. Her son has a disability, and her wife is his primary caregiver. When her job let her go without any explanation, she didn’t panic, but she knew she needed to apply for unemployment benefits right away to stay afloat.
Shortly after applying, she heard back from Workforce West Virginia (Workforce WV); she would not receive any benefits because her job reported she was terminated for gross misconduct.
Jodi was shocked.
“I was in a really bad situation,” Jodi explains. “I knew about Legal Aid through the community. I’d referred some clients in the past to them, so I applied. I actually thought going in that I might not be eligible or they might not be able to help. I thought I would roll the dice, and surprisingly, they said absolutely.”
Jodi was assigned a Legal Aid attorney who immediately sent her instructions on how to get an appeal started with Workforce WV, since their appeal window is fairly small, then they set up a meeting.
“Our first meeting was on the phone, and I was still a mess, but he calmed me down. He said, ‘I know this is big. Why don’t we meet in person?’ I think that first meeting was two hours, and he listened to everything. He always returned my calls and emails and was supportive through the whole process.”
Jodi won her first appeal to Workforce WV, meaning they would grant her unemployment benefits. Her employer then appealed that decision, so they went through the process again.
Ultimately, Workforce WV found there was no evidence of misconduct, and Jodi got full unemployment benefits based on the date she was fired.
“In retrospect, I don’t think it had anything to do with me. They did not have any real evidence, and I guess they decided to dig their heels in on their claim,” Jodi says. “Now I’m doing contract work out of the corporate world. I hate the way it happened, but I think maybe it did happen for a reason because I’m so much happier and my schedule is more flexible.”
With her new position, Jodi no longer needs unemployment, but the income during her transition was invaluable—alongside the support.
“I probably would have done the initial appeal just because of how strongly I felt about their decision. That said, I don’t know if that would have gone very well,” Jodi says. “Legal Aid is a great resource for the community and maybe one that people don’t know about as much as they should. To get that extra legal help when you don’t have the ability to financially afford it was a huge deal for me and my family.”
Though Carla was a busy mother, taking care of her daughter and working, she still longed for a relationship. When she met Bill online, they immediately connected. It took some time, but they eventually decided to meet in person, and it wasn’t long before they moved in together close to his hometown.
Things in their relationship felt perfect, at first. Bill had a stable job and allowed Carla to stay home to care for her daughter, who he treated like his own. It wasn’t long before they decided to have another together.
“It was when I got pregnant. He changed,” she recalls. “He wanted me to take care of the kids. I was fine with that; I was the woman of the house, but as time passed, I realized that was not okay.”
Bill worked long hours, and Carla tried to be understanding. She stayed home to care for their two daughters, but his two-sided personality took its toll on her and their marriage.
“He became verbally abusive. He never talked; he screamed. It was like being punched but with the things he was saying. He bullied me and made me feel less. He didn’t let me see my family. He didn’t let me socialize, and he made me delete my social media.”
Carla was careful not to talk to any other men, even strangers in passing, for more than a moment or Bill would accuse her of being unfaithful. Bill would sometimes break Carla’s phone if he suspected she was talking to another man.
The alienation from other people and constant tension with Bill wore Carla down sometimes.
“I would go away all the time I could,” she says. “I would go to the park and cry. I wanted to tell my family, but I didn’t tell them for a long time. It got to the point where I was another person. I was numb and wasn’t thinking.”
It happened gradually, not all at once: violence started to creep into Bill’s treatment of Carla.
Carla remembers one Mother’s Day afternoon, she took Bill to work, and he asked her to stop and buy a soda for him. She bought a 2-liter bottle for him because it would be more, but when she gave it to Bill, he yelled at her for bringing him a warm 2-liter instead of a chilled bottle.
“It was like he was crazy because I bought the wrong soda for him. He hit me with the bottle in my leg. I had a big bruise, and this was Mother’s Day.”
The instances of abuse continued to increase the longer they were married. Carla loved Bill, and she was confused about how he could go from being a supportive husband and loving father to a man who made her feel unsafe, uncomfortable, and unloved in an instant. At one point after their marriage, she even called Legal Aid of WV (LAWV) for advice but told the attorney she did not want to move forward with a case.
Finally, after a blowout fight where Bill threatened to kill the family’s dog, Carla’s friend urged her to get help.
“I told my best friend what was going on. I was crying,” she says. “She said to me, ‘Call the police.’ My friend gave me the support to go through that step because I wasn’t strong enough to make that decision, to do anything myself anymore. But she said to me, ‘This isn’t going to stop. He’s going to kill you. You have two children. Do you love them? They are in danger.’”
Carla filed for divorce on her own and got a Domestic Violence Protective Order (DVPO) through guidance from the local police department. They also referred her back to LAWV for help with the divorce and a child custody agreement.
After Carla filed for divorce, Bill moved out in anger, leaving her without financial support. She filed for benefits through WV WORKS and SNAP (food stamps) to take care of her children while she worked through the divorce with her LAWV attorney.
“The most important part of the process with Carla was getting custody of her daughters,” Carla’s attorney says. “We started out with a divorce case, but we barely got started on it.”
Less than a month after LAWV took Carla’s case, Bill suddenly passed away in a car accident. Carla was devastated and didn’t know what to do.
Carla’s attorney switched gears and got to work helping her with Bill’s estate. Fortunately, Bill had set up life insurance for both himself and Carla. As a result, she received an immediate lump sum payment, followed by monthly installments.
“The way I look at it, she is in a better position than we could have expected,” says her attorney. “She went from a bad financial state when we met to buying a much-needed new car. I gave her a referral to a CPA to help with her financial future. She has full custody of her kids. It was a terrible situation that ended with no closure, but we put her in the best position she can be to raise her children and have a really good life.”
Carla calls her attorney her “angel” and insists he has done more than she could ever imagine.
But her story continues.
Carla is still grieving her husband—both as the person she thought she married and as someone in her life. She is in therapy and working toward new personal goals.
“I realized after Bill passed away that I was like a zombie. I wanted to keep trying because I loved him, and we were family. But now, well, I’m the type of person who loves progress. He didn’t want me to go to college, so I didn’t go, but now I can.
“This will never happen again. My feet are on the ground now.”
“It got to the point where something was going to break. I couldn’t stand not being me anymore,” Erika says as she recalls how she felt when she started her transition 15 years ago. “When I said enough was enough, it was here I am!”
An Army veteran who served for 20 years, Erika was combat wounded and discharged, which left her with a bit of a loss as to what to do. She became a VA Peer to Peer support counselor and advocate, working at her local VA medical center, where she helped veterans work through their trauma. Though she specialized in LGBTQ+ counseling, Erika worked with all veterans in her area, from a wide variety of backgrounds.
Erika finally made the decision she needed to change her name legally in 2022, after her retirement from the VA, but she was not exactly sure where to start on the name change process alone.
“I knew Legal Aid would help with this because of my connections through the VA,” she says. “Another therapist told me they heard Huntington Legal Aid was doing name changes. I didn’t try to do it sooner because I was worried about the cost.”
Attorney Russell Cook was assigned Erika’s case less than a year after joining Legal Aid of WV (LAWV). He had never done a name change with a client before, but he was eager to learn. Erika explains that he called her and let her know he was new to the name change process but said he wanted to learn, if she didn’t mind.
“Russ was amazing. When I spoke to him, I just knew this was going to happen. That’s how he made me feel,” Erika remembers. “And once he got involved—BAM! We were in court about a week later. The whole Huntington office was there for me, too, especially the legal assistant, Shelly. They went above and beyond.”
After her name change was complete, Erika started working through next steps. Russell gave her the Name Change Guide created by Fairness West Virginia that helped her follow through with getting her name on all of her documentation, including her birth certificate, because she has always been Erika. Her mother actually chose her name for her.
Now that her name legally reflects who she always has been, Erika says her life has changed.
“I don’t feel like people are looking at me cross-eyed. When I pull out my driver’s license, nobody asks me those stupid questions,” she says. “I always wanted all of it done, with my name changed, but I convinced myself it was fine. I’m getting older, and things are changing. I wanted to make sure when I die, I’m going to die as me.”
When John first heard about Legal Aid of WV (LAWV), he was at one of the most desperate places he’d ever been.
An unfortunate set of events where John couldn’t get the proper care for a sore on his leg led to its amputation. John has used a wheelchair since 2014 as a result and had a hard time getting around in a world where wheelchair users are not always considered. He relied heavily on his daughter and her boyfriend, who he lived with in Gallipolis Ferry, in Mason County, WV.
One day, John’s daughter and her boyfriend got into an argument with him. They then told him they were going out to get breakfast and groceries but never returned. For days, John was alone in the house, running out of water and food and facing loss of all the utilities in the house. His daughter had taken the money in his bank account, too. He did not have a cell phone, but John used the landline while he still could to call for help.
“I called Adult Protective Services, and they said they couldn’t help. The woman I spoke with was really nice. She mentioned Legal Aid,” John says. “I had called every resource available, and Legal Aid was my last option. One day after that, Nancy called.”
Nancy is a Community Advocate at Legal Aid of WV and part of the Behavioral Health Advocacy program. She works with adults in West Virginia who need help with a variety of issues—her advocacy reaches far beyond legal issues, and she is not an attorney herself. Her first step was to visit John’s home to get the full picture of his situation.
“When she came to my house, I was in disarray,” John says. “I had two bottles of water left, and they were about to turn off my electricity. Nancy went out and got me some water and peanut butter and jelly.”
Shortly after their initial visit, Nancy called John about what to do next. She told him what he would need to move, and he explained he didn’t have an ID—no state identification, social security card, or birth certificate. Nancy got straight to work getting a copy of John’s documents, and a few days later, Nancy took John to the DMV to get a state ID.
“Nancy also took me out to the first restaurant I’d been to in nine years, and they had the best burgers.”
Nancy’s plan to get John into a more suitable living situation was in motion, but it took a few days to get things finalized at his new apartment. In the meantime, he had to stay in a shelter for a weekend after leaving his daughter’s home.
Finally, less than a month after meeting Nancy, John moved into a new apartment in Point Pleasant.
“It was scary at first,” John says. “But then I was glad to come here and get an apartment in my hometown.”
John brought one box with him into his new apartment, filled with sentimental items like his family photos. He and Nancy had a whole apartment to fill.
“When she brought me here that day and it was empty, I was overwhelmed with joy and thinking of things I could do. Nancy got quite a bit of furniture for me at the beginning. Everything else, I’ve been able to get on my own,” John explains. He and Nancy were able to get quite a few furnishings for free from the community or other residents in the building. “I’m not obsolete. I’m just missing a leg!
“I only paid for a few things like my TV, a cabinet. I’m so happy she got me in this apartment. I’m very appreciative for the help I got and she gave me.”
John is an outgoing, funny, and to-the-point person and was quick to make friends and become a fixture in the community of his new building. Not long after moving in, John recalls he was talking with some residents and someone mentioned he would be good at calling BINGO for the group.
The residents love playing BINGO, but the activity had been previously stopped due to the group’s “enthusiasm.”
John decided to take it on, and it instantly became the main event in the building.
“It’s like a gigantic community in here, but folks were screaming for something to do. So I call BINGO, and I say, ‘Everyone is going to have fun.’ I try to keep people entertained.”
John’s gone far beyond BINGO. He says people come to him when they have something to say because they know he has a voice and can get things done. He’s helped organize a building-wide picnic and has even introduced Nancy to other residents.
“I had a neighbor who moved in on my floor, and I realized how much help he needed,” says John. “I talked with his brother about it, and he seemed to try a few things, but nothing ever happened. So I asked Nancy, and of course she said, ‘I’ll see what I can do.’”
Nancy visits the building periodically to check up on John and his neighbor. She knows the names of several folks in the building and greets everyone on her way in and out. And John is always happy to see her and sing her praises when given the chance.
“The only reason I agreed to share my story is because I wanted people to know if you’re in a situation that’s dire, there’s hope. It’s possible for you to go on—you can thrive. Just because you’re in a wheelchair doesn’t mean you can’t move on.
Claire came to Legal Aid of WV (LAWV) two years ago through her recovery program at Rea of Hope, a 12 step-based fellowship program for West Virginians struggling with addiction.
“When I first started the program, it was solely because I wanted to get my kids back,” Claire says. Entering Rea of Hope, she no longer had custody of her two children after Child Protective Services (CPS) got involved. “I lost custody. I was extremely tired. I was mentally, physically, emotionally beat down, and I was tired of solely focusing on getting high and my toxic relationships.”
Though she had tried entering treatment before, Claire was determined to make it work this time, at first for her kids, but eventually, for herself, too.
“Once I stayed at Rea for a bit, I noticed these other women were doing great things,” she says. “They were inspiring, and I thought, ‘I want to be like that one day.’ It made me want to do it for myself and the long-run.”
Through Rea of Hope, Claire got a referral to a LAWV Recovery Medical-Legal Partnership attorney, who specifically addresses legal problems for those in recovery. Since 2018, the program has worked with multiple treatment facilities in the state to provide clients with resources that help them re-enter their communities, avoid relapse, and work toward their goals.
Her attorney says her case initially seemed like it could go either way for Claire. Once CPS gets involved in cases, it’s difficult for parents to change their custody situation, and Claire’s ex was not responsive to her requests to see her kids.
“We try to look at the facts and prepare our clients’ expectations,” he explains. “Even getting the facts was a process in this case because I didn’t know what had happened before Claire got into recovery.”
Claire and her attorney did not give up.
Over time, they were able to get visitation set up so she could see her kids and re-establish a relationship with them.
“Building that relationship was hard,” says Claire. “I didn’t know my kids anymore and what they liked or who they were. They didn’t know me. I was learning them again, and I was really nervous. I have young kids, too, and they were able to come to the visits. We all learned together.”
Claire and her ex now share custody of their children, and she says things have gotten easier for everyone involved. They are creating a new normal.
“I think one of the most outstanding parts of this case was everyone involved complimented Claire on the work she did in recovery,” her attorney says. “The CPS prosecutor, the guardian ad litem in the case—they all said they were proud of her.”
Because of her time at Rea of Hope, Claire has been able to maintain steady employment at a great job for the past three years, save up enough to buy a house, and repair her family relationships.
“When I came into recovery this last time, I did everything differently than before,” says Claire. “I saved money, and I bought my house on my own. I was able to get a car. To be able to do those things on my own without anybody’s help felt really good.
“The relationship my kids have with each other is just love. Life is good. I’ll be driving to work sometimes, and I’ll feel like, ‘I can’t believe this is my life.’ I came from this person who didn’t have anything to where I am now.”
Kinsley is a happy, smiley baby, and her parents, Andy and Kayla, are both pretty happy these days, too. But their path to where they are now was not exactly traditional.
Andy and Kayla have been married for 14 years and desperately wanted to become parents together, but Kayla has PCOS and has not been able to get pregnant. This was a devastating blow to Kayla, but Andy has a son from a previous marriage, so they felt fortunate to be a family of three.
Last year, Kayla unexpectedly got an offer from one of her relatives: She was pregnant but was not prepared to raise a child. She asked Kayla, “Do you want this baby?”
Kayla and Andy were a little surprised but immediately said yes.
Not long before the due date, Kayla was diagnosed with thyroid cancer. She was determined to be healthy to raise this baby and had her thyroid removed in the summer of 2022.
“Trying to figure out health problems is hard,” says Kayla. “But Kinsley was born in September, and I made sure to be there.”
Not only was Kayla at the hospital for the birth but she got to cut the umbilical cord. Andy and Kayla had names picked out and ready to go—Andy chose the first name, and Kayla chose the middle name.
Unfortunately, CPS (Child Protective Services) stepped in right after Kinsley was born, and she was admitted to the hospital. They didn’t know before the birth, but Kinsley’s mother had been using drugs during her pregnancy.
“I wish she had told me, but I know she was trying to get clean,” says Kayla. “Kinsley was in the hospital for six days before we could take her home. We stayed all the time in the hospital so she didn’t go into state custody.”
After they brought Kinsley home, Kayla and Andy got to work. By November, they had gotten guardianship by themselves, and they were working on adoption when they got a letter from Legal Aid of WV.
Kayla, Kinsley, and Andy with their attorney, David, in 2023.
LAWV Attorney David received a case for Kayla and Andy after Kayla’s sister-in-law submitted an online application for them a few months prior. Because it was an adoption request, it was not marked as a high priority case. David was eventually able to send them a letter about their case and provided his contact information.
“When we got in touch with him, David said we already did the hard part,” says Kayla. “CPS had assigned Kinsley a guardian ad litem who told us we definitely needed an attorney for the adoption. David helped us make sure we got the adoption finalized.”
David adds: “The day we went to Court, there wasn’t a dry eye in the house.”
Kinsley is almost a year old now, and she goes to physical therapy and receives services from WV Birth to Three. She has made excellent progress from the tiny baby experiencing withdrawal in her first weeks of life.
“I wouldn’t change anything about Kinsley,” says Kayla. “And I would have done whatever I had to make sure we got her adopted. Working with David was amazing. He was honest and straightforward and stuck by us the whole way.
“I’ve had people ask about my attorney, and I tell them to apply to Legal Aid. I tell them, you might get it. Legal Aid might not be for everyone, but it was for us.”
Please be advised: this story includes accounts of abuse.
“I will never forget the woman on the other end of the phone when I called Legal Aid of WV,” says Joanna, a client who called the LAWV intake hotline to apply for services but was initially turned down because she was not financially eligible. “She asked, ‘Was there abuse involved?’ I got really quiet, and she said, ‘Honey, abuse isn’t always physical.’ And I started crying.”
Joanna is one of many clients who get referrals to LAWV through a community partner, especially in cases with elements of abuse. She had been with her husband for more than 40 years, but at the end of 2021, her relationship was strained and turned violent.
Though she lived a modest life, Joanna was initially told she was not eligible for legal services because of her financial standing. However, because she was also experiencing abuse in her marriage, she was able to get services from the Eastern Panhandle Empowerment Center (EPEC), who also sent a referral form to LAWV to help her with her divorce.
“I think the combination of the Empowerment Center working directly with Legal Aid is such a resource that a lot of women don’t know about,” says Joanna. “The more I thought about the emotional and verbal abuse in my marriage, the more I learned from EPEC. There wasn’t always evidence of physical abuse, and you tend to think, ‘This isn’t as bad as the person who’s sent to the hospital.’ EPEC helped me see the different types of abuse. It was really hard to hear. But I think, together, the Empowerment Center and Legal Aid serve such an amazing purpose in our community.”
After being referred, Joanna worked with an attorney at LAWV, who initially met with her and just listened.
Joanna was struggling with many different types of grief at the time; her parents were both elderly, and her father had been diagnosed with cancer. Joanna wanted to be there for her parents and provide care, but her then-husband was struggling with isolation in retirement during the COVID-19 pandemic. She was also experiencing her own health struggles and recently started taking an expensive medication for her auto-immune disease.
“I was a mess. My attorney sat down with me and helped me navigate what to do next. I was trying to save my marriage,” Joanna explains. She decided not to go through with divorce at the time and tried to repair her relationship. Her case with LAWV was closed, but her attorney told her to call back if anything changed. Since her case closure, Joanna had found a new apartment and both of her parents had passed away within a few weeks of each other. “I’d describe it as the worst years of my life—a lot of loss.
“By January of this year, I realized the marriage wasn’t salvageable and reached back out.”
Because her case had been closed, Joanna had to reach out to EPEC to get another referral, a process she says was “like a well-oiled machine.” Ultimately, she and her attorney decided she would go to Court without in-person representation because her husband did not have an attorney, but together, they filled out all of Joanna’s divorce paperwork. Her attorney answered questions, and they practiced statements and reviewed what could happen in Court.
“I felt very prepared going to Court, even without my attorney there in person,” says Joanna. “She did recommend someone from the Empowerment Center come, and so I had an advocate with me at both of my hearings. I believe their presence spoke volumes. When I was first preparing my statements, I was going to be completely honest, which would have not put [my husband] in the best light. But when I thought about it, I have forgiven him, and having the Empowerment Center there, I didn’t need to go into the details. Their presence made a statement.”
Joanna’s attorney also recommended seeking spousal support; she was initially hesitant but decided to go ahead and seek support, which has provided her with more financial support after moving out of her home. Though her ex-husband now still lives in the home they shared, he has been ordered to provide Joanna with half of its value.
“I don’t feel like I won,” says Joanna. “I don’t feel like anyone won in this situation. There’s our two lives that were victims of circumstance. Yes, I am divorced, and my attorney helped me navigate what the fair split was, but I don’t feel like I won, and I don’t feel like he has the house so he won.”
Now, Joanna is living in a small apartment, paying rent. She is also navigating getting health insurance coverage through the marketplace, with help from a local group. Fortunately, Joanna’s family and friends have stepped up to support her throughout the process, and she feels supported by the availability of help from professional groups, too.
“Our community is equipped with a lot of resources that help people. I’ve never had to depend on services like Legal Aid. I’ve always been able to pay my way, but this was navigating uncharted waters. I wasn’t certain what to do. I don’t know if a lot of people even know about these resources. My attorney wasn’t profiting. The Empowerment Center wasn’t profiting. There was a different level of concern.
“None of us were meant to be self-sufficient. That’s why we have community.”
