M. David Johnson Lawyers, want to be a Justia Connect Pro too? Learn more ›

Mr. Johnson opened his own law firm upon graduation from University of Denver School of law in 1994. For over 20 years, he’s focused his practice on high-conflict cases and developed a reputation as a lawyer who can take a highly contentious case and focus the issues and emotions to reach a successful conclusion. As the product of a high conflict divorce himself, Mr. Johnson knows all too well the hidden and often permanent costs suffered by families in these highly emotional cases.

• Free Consultation
• Credit Cards Accepted

Colorado

Since 1994

CEO

Modern Family Law

2017 - Current

Managing Partner

Johnson Marquez PC

2014 - 2017

Managing Partner

Johnson Sauer Legal Group

2007 - 2014

University of Denver

J.D. (1994) | Law

1991 - 1994

University of Colorado - Boulder

B.A. (1989) | Philosophy

1985 - 1989

Professional of the Year

Colorado Business Counsel

2007

Most Aggressive Lawyer

OutFront Magazine

2002

State Bar of Colorado

Member

Current

Revisiting Retainers - Do We Need Them?

LinkedIn

July 29, 2023

Achieving 98% Collection Rate: Client Centric Strategies

LinkedIn

May 7, 2023

Who Cares What Clients Think? You Should!

LinkedIn

April 8, 2023

Gisele Bündchen Says, "Divorce is Like Death." Is it?

LinkedIn

March 23, 2023

Co-Parenting During the Holidays

LinkedIn

December 12, 2022

Q. Parenting time interference law in Colorado

July 30, 2023

A: Since the law prohibits lawyers from providing legal advice to non-clients, I cannot answer your question specifically, but I can share some general advice based on typical situations.

In many jurisdictions, it is indeed considered "parenting time interference" if one parent schedules activities that prevent the other parent from exercising their court-ordered parenting time. These actions could potentially be seen as interfering with the child's relationship with the other parent.

If the mother is continuously scheduling activities during the father's parenting time, especially knowing that he cannot rearrange his schedule, it might be viewed as a violation of the custody order. However, the specific laws and how they are interpreted can depend on your jurisdiction.

Filing a motion or a complaint about parenting time disputes could be a potential solution. This might lead the court to enforce the existing order, modify it, or take other actions depending on the specifics of your situation.

Remember that the goal of the court in these situations is to serve the best interests of the child. If the child's relationship with the father is being hindered by the mother's actions, the court will typically want to rectify that situation.

Here's what you can generally do:

1. Document Everything: Keep a record of all the times the mother has scheduled activities during the father's parenting time and any communication about these incidents.

2. Consult a Lawyer: A family lawyer can provide guidance tailored to your specific situation and jurisdiction.

3. Communication: Try to communicate with the other parent about this issue. It's possible that a solution can be found without involving the court. However, keep in mind that these communications should be respectful and focused on the best interests of the child.

4. Mediation: In some cases, a neutral third party might be able to help find a solution.

However, as each situation is unique, it's crucial to get advice from a professional who fully understands your circumstances. This information is intended as a general guide, and it's always recommended to consult with a legal professional in your area for personalized advice. ... Read More

Q. What happens at a default allocation of parental responsibility hearing? How do I prepare?

July 30, 2023

A: A default hearing in a case regarding the allocation of parental responsibility (or custody, as it's commonly known) generally happens when one party fails to respond or participate in the legal process appropriately. Since the father of your child hasn't filed any paperwork, the court is moving towards deciding the matter without his further input. However, note that legal proceedings can vary based on jurisdiction, and the following advice is a general overview:

At a default hearing, the petitioner typically presents their case, and because the other party has not responded, the court is likely to grant the requests outlined in the petitioner's filing. This doesn't mean it's automatic; the judge will still want to make sure the orders are in the best interest of the child.

Here's what you can generally do to prepare:

1. Gather Documentation: Any evidence you have supporting your claims for custody should be organized and ready to present. This can include communication logs, reports from child psychologists if any, testimonies from character witnesses, and any other relevant information.

2. Consult a Lawyer: A family lawyer can help guide you through the process, prepare you for the hearing, and represent you in court. They'll understand the specifics of your jurisdiction's laws and will help you know what to expect.

3. Prepare Your Statement: It's likely that the judge will want to hear from you directly about why the orders you're seeking are in the best interest of the child. Be prepared to speak clearly and honestly about this.

As for your question about the mediation agreement, it largely depends on how your jurisdiction treats such agreements. In many places, mediation agreements are typically enforceable, especially if they've been incorporated into a court order. However, if the father hasn't participated in the process after mediation, there might be some flexibility.

Regarding changing your request from what you agreed upon in mediation, this again can depend on your local rules and the specifics of your case. Generally, courts value mediation agreements as they show that parents can cooperate and compromise for the benefit of the child. If you want to change your request, it would be wise to consult with your attorney to understand the potential consequences.

Lastly, keep in mind that this information is general advice and not legal advice, as lawyers are not permitted to give legal advice to non-clients. Be sure to consult with a legal professional who knows your local laws and the specifics of your case. ... Read More

Q. So non biological dad and I are Waiting for mediation but he is keeping the kids from me, alienating them from me.

July 30, 2023

A: I'm really sorry to hear about your situation. I'm not permitted to give you specific legal advice as the law prevents attorneys from doing so, but I can give you some general advice about how to approach this.

1. Consult a Family Lawyer: You should definitely consult with a family lawyer if you haven't already. They will be able to guide you through the legal process and ensure your rights are protected. It's crucial to seek professional legal advice in these situations.

2. Document everything: Make sure to keep a detailed record of all your interactions with both the courts and the non-biological father. This includes any communication, visits, and attempts to resolve the situation. Documentation can be critical in custody cases.

3. Cooperate with the legal process: It can be frustrating when the courts seem to move slowly, but it's essential to respect the legal process. Disobeying court orders or trying to take matters into your own hands can harm your case.

4. Patience: The legal system can be slow, and it's essential to remain patient. Acting out of haste can harm your case. Focus on maintaining a safe, stable environment for your child in the meantime.

5. Understand your legal rights: Laws vary greatly by location. Depending on where you live, there might be different rules and regulations about paternity, custody, and child support. A lawyer will help you understand these.

6. Consider Mediation: In some cases, mediation can be a less confrontational and more peaceful way to resolve custody disputes. A neutral third party helps the two parties come to an agreement.

7. Psychological support: During this challenging time, it's crucial to seek psychological support for yourself and your child. Consider finding a counselor or support group to help cope with the stress.

Please note that this is general advice, and the specifics of your situation could significantly affect what the best course of action is. Make sure to consult with a professional. ... Read More