Social Distancing and Co-parenting: What to Do if Your Co-parent Refuses to Obey Social Distancing Orders

Social distancing and co-parenting can clash when parents don’t share the same approach to safety. One parent may strictly follow public health guidelines, while the other disregards them, exposing the child—and by extension, the other household—to unnecessary risk. This disconnect can lead to serious conflict, especially if you’re doing everything you can to protect your family. Navigating this situation requires balance. You must safeguard your child’s well-being while still respecting court-ordered custody arrangements. Understanding your legal options and communicating clearly can help you address safety concerns without violating existing orders. In times of uncertainty, your child’s health and stability must remain the top priority.

Why Social Distancing Matters in Co-Parenting

Social distancing helps prevent the spread of illness. During a health crisis, it becomes a critical part of public safety. Courts don’t ignore these concerns, especially when a parent exposes a child to crowded events, unmasked gatherings, or frequent travel without precautions.

As a co-parent, you have a duty to protect your child. If your co-parent refuses to follow public health orders, that choice affects your child’s risk level and could create tension during custody exchanges.

Understanding Court Expectations During a Public Health Crisis

Family courts in Texas and across the country expect parents to follow existing court orders unless a modification is granted. But they also expect parents to act reasonably and protect their child’s welfare.

If you feel that your co-parent’s behavior puts your child at risk, you can’t change the schedule on your own. You need to take the right legal steps to document the concern and ask for relief through the court if needed.

Common Issues When Co-Parents Disregard Safety Protocols

Here are the most frequent situations parents face during times of public health concern:

• One parent attends large social gatherings with the child.
• The child visits multiple households or travels unnecessarily.
• The co-parent refuses to follow quarantine after exposure.
• The co-parent won’t inform the other about potential symptoms or contact.

Each of these situations adds stress, especially if you’re trying to protect high-risk family members or follow doctor recommendations.

Step 1: Document What’s Happening

Start by keeping records of the behavior that concerns you. This can include:

• Screenshots of social media posts
• Texts or emails discussing travel plans or social visits
• Notes on dates, times, and situations where your co-parent exposed the child to risk

Stick to facts. Avoid emotional language or assumptions. Your goal is to show a pattern of unsafe behavior backed by evidence.

Step 2: Communicate Your Concerns Clearly

If it’s safe to do so, communicate with your co-parent in writing. Explain your concerns, reference any health guidelines, and ask them to take reasonable steps.

Focus on the child’s well-being instead of criticizing their choices. Avoid blame, but be direct.

Example:

“I saw that you took [child’s name] to a large event last weekend. I’m worried about the risk of exposure, especially with school starting soon. Can we agree to avoid crowded places for now?”

If they ignore your message or respond with hostility, don’t escalate. Save the messages and consider legal steps.

Step 3: Review Your Court Order

Read through your custody and visitation order. Some agreements include terms about parental decision-making during emergencies. If your order is silent on public health situations, you may need to file a motion.

Texas courts have issued guidance during previous public health events. In most cases, the original possession schedule still applies unless modified by the court. However, if one parent’s actions put the child in danger, the court may consider emergency relief or temporary changes.

Step 4: Request Mediation or Legal Advice

If direct communication doesn’t work, consider mediation. A neutral third party can help both sides find solutions without going to court. If your co-parent refuses to compromise, it’s time to speak with a family law attorney.

A lawyer can help you:

• File for temporary custody modifications
• Request emergency hearings
• Prepare evidence showing risk to the child
• Avoid actions that could harm your own case

Act quickly but calmly. Judges look for parents who take responsible steps, not those who retaliate or withhold access without permission.

Step 5: Don’t Violate the Court Order on Your Own

Even if you feel justified, don’t change the custody schedule without a legal order. Courts can penalize parents who deny visits or block communication. This includes withholding the child, refusing to meet for exchanges, or ignoring shared parenting time.

If your co-parent’s behavior puts your child in direct danger, contact your lawyer and ask the court to intervene. You can file a motion for emergency relief or request a modification based on recent events.

What the Court Will Consider

Judges look at the whole picture when deciding if a change is needed. They consider:

• The level of risk involved
• Each parent’s willingness to communicate and cooperate
• Any previous violations of the order
• The child’s physical and emotional well-being

Courts tend to support stability and regular contact with both parents. You need solid evidence that your co-parent’s actions go against the child’s best interests.

What Not to Do

While it’s frustrating to deal with a co-parent who won’t take safety seriously, some actions can backfire. Avoid these mistakes:

• Taking matters into your own hands without legal backing
• Speaking badly about the co-parent in front of the child
• Posting rants or accusations on social media
• Ignoring the court order

These choices can hurt your credibility and weaken your case. Stay focused on your child’s safety and let the court handle enforcement.

How to Create Safer Co-Parenting Practices During a Health Crisis

If both parents are willing, you can reduce conflict by updating your parenting plan with clear health-related agreements.

Include terms like:

• Avoiding non-essential travel
• Notifying the other parent if the child shows symptoms
• Agreeing to test the child if exposed
• Following local health recommendations for masks, gatherings, and social distancing

Putting these agreements in writing can prevent future conflict and reduce anxiety.

Final Thoughts

Social distancing and co-parenting during a public health crisis demand patience, cooperation, and firm boundaries. When one parent refuses to follow safety guidelines, it can lead to increased stress, conflict, and potential health risks for the child. You don’t have to handle it alone. Start by documenting any concerning behavior, attempt to communicate calmly with your co-parent, and consult a family law attorney if the issue persists. Courts expect both parents to act in the child’s best interest—especially during emergencies. By taking proactive and responsible steps, you not only protect your child’s safety but also reinforce your credibility in the eyes of the court.

Need Help Handling a Difficult Co-Parent?

If your co-parent refuses to follow public health orders and puts your child at risk, speak with a family law attorney today. We can help you file the right motions, protect your rights, and push for safer co-parenting solutions. Call now to schedule your consultation.

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