The chances of prevailing depends, based on the providing of some additional facts, including the financial situations of the parties, as well as whether your parenting plan actually provided for a 50/50 parenting plan, etc. Some counties go by the "law of the case," which means that what was previously ordered will continue to control the case, unless there are new facts that would warrant a change. It would certainly be in your best interest to at least speak with a Clark County family law...
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Per RCW 26.50.010, the following definitions may help answer your question: (1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. (2) "Family or household members" means...
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If his rights have been "relinquished," then you should not have to contact the biological father, as he would have no legal rights as a parent. Your husband would be free to adopt your daughter pursuant to RCW 26.33. You will be required to obtain a post-placement home study before the adoption can be finalized.
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If a response has been filed, you will need to take the next steps to move the case along (set a date for trial, settlement conference, etc.), based on the Whatcom County local court rules.
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