Daughter Would Like More Time with Her Mother, Father is Refusing

My question involves a child custody case from the State of: Ohio

My ex husband and I have been divorced for 13 years. We have a 14 year old daughter who will be 15 very soon. Her father has had residential custody for school purposes since our daughter became of school-age however we've had a shared parenting plan that involved my daughter spending as much time with me as possible until I decided it was best for my family to move to another state. I lived in another state for 5 years after remarrying and starting a family with my husband of 12 years. While residing in another state my ex husband took me to court for full custody, judge denied that and ordered us to go to mediation. During mediation we agreed to another shared parenting plan that the judge approved. My daughter visited on school breaks and 8 weeks in the summer, and any other time we agreed on. I am now living in Ohio again, still married, very happy and stable. I work off and on when it is feasible but I have been a stay at home mom mostly due to the importance of caring for my other two children who are now 8 and 9 years of age.
I moved back in Ohio in August of this year. My ex husband only allowed our daughter to visit me every other weekend claiming she was not comfortable spending more time with me even though my daughter claimed that wasn't the case and that her father was being ridiculous. I live in the same town and my children attend the same school system. I requested more time with my daughter through an email to my ex husband. He declined but reconsidered after our daughter flat out told him that there wasn't a reason for her not to see me. She has been stressed and upset about his "logic" ever since then. I requested one week with me and one week with him or two weeks with me and two weeks with him. He is only allowing her to see me 8 days out of the month. He claims that any more time with her wouldn't be "structured" and bouncing her around too much. I am probably going to petition the court for more time with her or split custody however our daughter states she will be happy to let the judge know that she wants to live with me. When she is with me she asks me not to take her back to her father's house. They slam her with questions about me and my family, her step mother even goes days without speaking to her if my daughter tells them she had a good time here.
My question is: How likely am I to get a modification with the time I am requesting which is basically time split equally? I pay child support, always have, but will be asking for a modificaiton and asking for court fees compensated due to my ex husband not willing to come to an agreement outside of court. This is a waste of time and money for both of us and is extremely stressful for our daughter because it's clear that she wants to spend more time with me and my family. There's absolutely no reason why she shouldn't be "allowed".

Okay - so Dad is now primary, and you're wishing to go from what is fairly standard NCP visitation to a 50/50 timeshare?

Is that correct?

(By the way - you won't get a downward mod in child support simply because Dad won't agree to your wishes - that's not how it works).

I understand that just because dad won't agree my wishes will be granted. I have a general understanding of how the system works, HOWEVER, our daughter is almost 15 years old and SHE wishes to see me more and spend more time with me. Wouldn't the judge take her thoughts into consideration?
Dad is primary for "school purposes" is what our shared parenting order states. Our current order reflects the time she spends with me out of state. I am now in the same town and my other children attend the same school as my daughter. So yes, I believe a 50/50 split is fair considering my daughter wants that as well.

Yes, you can modify parenting time - but that's not really what you're asking. You're already getting the standard NCP visitation; what you're really wanting is a 50/50 timeshare which amounts to a chance in the current CUSTODY.

In order to even get this before the court, you'll need to show a change of circumstance in her life. Not yours - because you've already moved back, and Dad has accommodated you appropriately (note I said "appropriately" - I didn't mention the world "fairly", k? :) ). Then you'll have to show that changing the custody arrangement is in her best interests.

If you can manage the first part, her wishes will likely carry at least some weight in court. But getting to that first step appears to be your biggest problem.

I see your point and I think that by me actually moving back to her hometown is a huge change of cirmcustance in her life. I'm her mother. She no longer has to fly or drive hundreds of miles to spend time with us. She is wanting me to take care of certain situations in her life, doctor's appointments, etc. She is active in sports as well and I am now able to be actively involved in her extracurriculars. I'd say that's a huge change in her life, of course as well as mine but she is the focus here.
Does Ohio have an age law as to when a child can decide what she wants? I think dad's logic "bouncing her around too much" is baseless. We live in the same town, she is almost 15. She's not 4 anymore. Things have changed quite a bit. I think my daughter's voice should be heard.

Yes, I know what you're saying Mom - I really do.

But the legal reality is that you moving back to the hometown has already been accommodated by Dad. You being Mom has no bearing - just as if your child was male, Dad's gender would have no bearing either.

There is absolutely NOTHING stopping you (assuming you have joint legal custody) from taking her to doc's appointments, going to her extracurricular activities, nothing at all. Heck, even if Dad had sole legal custody nothing could stop you from doing the latter.

No, the age in Ohio where a minor can choose where to live (between two parents) is 18. Their wishes can, again, be taken into consideration by a judge - but there is no magical age, and the judge certainly doesn't have to abide by the child's (or the parent's) wants.

You still need that significant CoC.

By all means, run this by a local attorney. S/he will know how judges tend to rule in your county.

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And there's one other thing. You've only been back for 4 months.

That's not long. At all.

Appointment has already been set with my attorney.
Thank you for your input. I intend to fight for what my child wants. When you take out all of the legal mumbo jumbo it boils down to dad being a complete douchebag. Excuse my language but it's the truth. There's absolutely no reason on the planet why our daughter should be put through stress and not be "allowed" to spend more time with me. People are disgusting.
Thanks again for the input. :)

Consider this a very measured response.

If your child no longer wants to see you, you'll be just fine with that - right?

If she no longer wants to go to school?

And remember - 50% of her genetic makeup came from this "douchebag".

Think about it.

You appear to have enough of a change in circumstances to warrant asking for a modification toward a more liberal visitation schedule. How much of a change you actually end up with cannot be guessed at this point.

However, you should not expect the court to award you attorney fees simply because he is unwilling to agree to a change. It is highly unlikely you will get this.

Tex, OP is in Ohio. She's already getting the standard NCP visitation - and nothing has changed since Dad first accommodated the move (which, I hasten to add, he didn't have to do).

I still know an attorney/GAL who practices in Ohio who would, quite honestly, make mincemeat of this OP.

All I would expect, if I were Mom, would be for the status quo - that is, the 8 days/nights per month - to be formalized, and the holidays reorganized and spelled out. Additionally, Mom needs to figure out who should be responsible for pick up/drop off and at what times. What she should NOT expect is anything approaching a 50/50 timeshare unless Dad actually agrees and they enter a stipulated agreement.

If Dad fights though? Mom is going to need that attorney she has.

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I'd even offer Mom another hint here - at 14, given the current circumstances, Dad may well be able to convince the court that a teen needs stability even MORESO than a younger child.

(Of course it could also be argued - well, here at least although not in court - that forcing a teen to remain with a custodial parent she doesn't want to remain with will only alienate her from that parent. Hormones and all)