I want to get guardianship of my two younger siblings ages 5 and 14 they are already currently living with me and I'm 20
You must petition the probate court for guardianship. A court appointed person may conduct an examination or interview, etc and would certainly listen to any objections from others. Consider engaging a local attorney to help navigate the process, file the appropriate forms, and conduct an evaluation of your specific circumstances and their likelihood of court approval.
Licensed in MD and DC only. General answer provided based on limited facts. Please seek your own legal advice.
The procedure is to file a petition with the court alleging that your siblings need a guardian and conservator. The court will then go through the process of making a determination as to appointing a guardian and conservator, and set the case for hearing. If they siblings' parents consent to the guardianship and conservatorship they will have to either sign a waiver or appear before the court to consent after they receive notice of the hearing. The Kansas Supreme Court websiite (www.kscourts.org) has the forms for filing a guardian and conservator proceeding, together with a guidebook that sets out the duties and responsibilities of a guardian and conservator. Kansas law does not require that you have an attorney to file a guardian and conservator proceeding, but it would be best if you do so, particularly if there will be an objection to the filing.
The above is merely a legal opinion, and the person asking the question should contact an attorney to fully develop the facts of the case to make certain any legal action you take is right for your situation. The above opinion is not meant to establish an attorney-client relationship, and no inference of such a relationship should be made in that regard. No action will be taken on your behalf to forward your case, and you should be aware that time may be of the essence regarding your case.
Where are the parents? If they can't or won't act then you can petition the court in Johnson County, KS to be appointed their guardian/conservator. You can find a good atty on AVVO or through the local bar association to assist in this matter.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
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