Violation of Social Study information

[Ladymom]

What is the name of your state? Texas
What is the actual rule when a lawyer attempts to have a social worker amend her study, after it has been turned into the court? Can attorneys do this? It was my understanding that once the study had been finalized (and mine took a year) that the findings were final and the respective attorney's had to suck it up and hash it out in the court room.
Said opposing attorney contacted the social worker and told our judge that the social worker "made a misstatement" and was going to amend it. I'm appalled, the study was finished in February, it's now June and the lawyer doesn't like the findings.
Can someone tell me the real low down on this? Is the other lawyer exhibiting misconduct?

 

[LdiJ]

What is the name of your state? Texas
What is the actual rule when a lawyer attempts to have a social worker amend her study, after it has been turned into the court? Can attorneys do this? It was my understanding that once the study had been finalized (and mine took a year) that the findings were final and the respective attorney's had to suck it up and hash it out in the court room.
Said opposing attorney contacted the social worker and told our judge that the social worker "made a misstatement" and was going to amend it. I'm appalled, the study was finished in February, it's now June and the lawyer doesn't like the findings.
Can someone tell me the real low down on this? Is the other lawyer exhibiting misconduct?

I think that it could depend on what the actual "misstatement" was. If it was a statement of fact...that was definitely incorrect, then it might not be inappropriate to ask the social worker to correct it.

However in general I would agree that if an attorney had a problem with the study, that the appropriate forum to address that is in court.....not by asking the social worker to change the report.

 

[Ladymom]

I think that it could depend on what the actual "misstatement" was. If it was a statement of fact...that was definitely incorrect, then it might not be inappropriate to ask the social worker to correct it.

However in general I would agree that if an attorney had a problem with the study, that the appropriate forum to address that is in court.....not by asking the social worker to change the report.

Thank you for your reply. The statement was not a statement of fact, it began "It appears that the father....."
Another attorney said to me, when I posed this question (a friend of a friend I asked, he answered very quickly and I didn't understand what he said) that an attorney can't "expatriatre" (huh?) themselve and do something or other. I am so lost on this and it seems to me that if the social worker changes her opinion months after the fact, that the social study is invalid and I don't want to go through this again.