As more information leaks, it's looking as if Katie Holmes will have an extremely difficult time getting sole custody of Suri.
Regardless of Scientology's possibly prying eyes and Tom Cruise's rumored control issues, Katie slyly managed to rack up a few months worth of residency (and an impressive pad) in New York City so she could file for divorce (a move that left Tom "blindsided") in the Big Apple. Legal experts say New York is more likely than California to grant one party sole custody, so the filing probably was not purely coincidental.
"New York doesn't love joint custody," Manhattan-based divorce lawyer Joshua Forman told CBSNews.com. "If you can't agree on joint custody, then they don't usually like to impose it upon you."
However, Katie's plan might be riddled with holes if she and Tom can't figure out something privately. If the case proves to be complicated, the divorce might land back in California, where the family have spent the most time.
“There isn’t a snowball's chance in hell of this case remaining in New York,” said Mike Kelly, a Santa Monica, Calif., divorce lawyer and former chairman of the American Bar custody committee. “You cannot shop jurisdictions in custody cases.”
What's more, unless Katie spills some of Scientology's dark secrets (a move that could hamper her career… or worse), it will be difficult to prove exactly why she doesn't feel comfortable with her daughter spending time with Tom, according to a source.
The source says Tom's been a pretty great father, and most court cases don't use religion as a reason against joint custody.
"Whatever happens, Scientology will make sure she does not go out and talk about what really went on," Scientologist expert Andreas Heldal-Lund told Fox News. "She will be put under a lot of pressure that could make her much more vulnerable and weaker by the time she has to fight in court.”