Dear JACUSTOMER - Your son cannot make the decision to move to his father's if you are the residential parent. His father would have to file a motion for a change of custody and the court would have to make the decision based on the best interest of your son. I doubt the court would allow the children to be split up just because a 12 year old wants to move.
At this point there's really nothing you can do to stop your son from talking about it so I would simply say that at this time it's not possible and not discuss it further. The father would have to come to SC to file any action of this nature and it can be expensive. At some point the court will definitely listen to your son and place more weight on his testimony and there's nothing you can do except create an atmosphere that make him not want to leave. Kids at this age change their minds very often so what he wants today may not be the case next month. The more you object or talk about it the more he will bug you about moving.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).