If you want to modify the parenting arrangment, then you will need to file a Complaint for Modification based on your daughter's prefence AND on the basis that mother is not exercising her parenting time anyway. I am handling a similar case. The court appointed a GAL to only speak to the 14 year old who explain their preference. The GAL reported her findings and we are now very close to reaching an agreement to settle and change custody to the father.
Answered on Nov 03rd, 2014 at 6:39 AM