Tom Cruise 'To Fight For Custody' In California
US reports claim movie star will fight for joint custody of Suri...
According to US gossip site Radar Online, Cruise plans to file for divorce in California in a bid to ensure Holmes doesn't get sole custody of the six year old.
According to the report, the divorce can only take place in New York if either the marriage occurred there or the spouse has been living there continuously for a year before filing.
A source told Radar Online: "[Cruise] will file a response in New York, asking that the divorce proceedings be halted in the Big Apple because California is the proper venue for the matter to proceed.
"Team Cruise is going to assert that Katie doesn't meet the residency requirements to file in New York, and that both live full time in California, specifically Los Angeles."
The insider added: "At the same time, Tom will file for divorce in California and will request joint custody of Suri.
"There is absolutely no way that he is going to let Katie have sole custody. The lines are being drawn and this is going to shape up to be a very contentious custody battle."
Meanwhile the Church of Scientology has denied reports suggesting officials have been tailing Katie Holmes.
US website TMZ had reported that Katie feared she had been under surveillance since the split, believing Scientologists had hired private detectives to spy on her.
But the church released a statement via the site stating that the reports are false.