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    Suri's Future: Who'll Get Custody in the Tom Cruise-Katie Holmes Divorce?

    Katie Holmes, Suri Cruise Jay Thornton/INFphoto.com

    What will become of Suri Cruise now that Katie Holmes and Tom Cruise are divorcing?
    Fiona, London, via the inbox

    At first this split may seem like a Katie vs. Goliath story, given that Tom Cruise is known for being a shark in the courtroom with tens of millions of yearly earnings at his disposal.

    But dig deeper, children. Or, wait—I've already done it for you. And from the looks of things, Katie Holmes just may have a shot at getting everything she may want, including (if she so desires) her adorable daughter/sidekick Suri:

    TOMKAT: Anatomy of a Split

    I spoke to several high-powered celebrity divorce attorneys who have been following the split. If you buy some of the tabloid reports, Katie may or may not be seeking sole custody of Suri, and she may have filed in New York. (Her attorney, Jonathan Wolfe, appears to be based on the East Coast.)

    If she did file in the Big Apple, that's a very telling fact, I am told.

    "It's the public policy of New York state to recognize pre-nuptial agreements," says Paul Talbert, partner at Chemtob Moss Forman & Talbert LLP.

    California, by contrast, is known for being friendlier to people hoping to fight a prenup.

    Now, it's pretty much a given that Tom and Katie's prenup—and by all indications, there is one—likely favors the Rock of Ages actor in the cash department. So if Katie filed in NYC, she might desire something else instead, something she really thinks she can get.

    And that would be her daughter.

    "It's very interesting if she filed there," Talbert tells me. "If she filed in New York, as opposed to Colorado or California, that would lead me to believe that there is a significant purpose to that filing, and my best guess is that this is where she wants to live with Suri."

    DUNZO: Tom and Katie Split!

    Another salient point:

    Suri reportedly attends a Scientology-influenced school in California. The logical takeaway if Katie filed in New York? She may want her daughter out of that school, too.

    But will Katie succeed? After all, Cruise doesn't go to court unless he aims to win.

    "He didn't ask for this lawsuit," Talbert points out. "I don't think that, as Katie Holmes, you need to be scared of Tom Cruise just because of who he is. I think she will do just fine, especially in terms of child support."

    Either way, there could be some serious acrimony between these two. Most celebrity couples agree to some form of joint custody when they split; that's what Marc Anthony sought when he agreed to divorce Jennifer Lopez, and what David Arquette also asked for when he separated from wife Courteney Cox.

    Even Tom's other two kids, Connor and Isabella—adopted while he was married to Nicole Kidman—fall under a joint custody agreement.

    If Katie really is seeking sole custody of Suri, that's definitely "is sending a message," divorce attorney Stephanie Blum tells me. "It's not the kindest, gentlest way she could have done things."

    Let's just hope the former couple keeps any arguments away from their 6-year-old kid.

    FASHION PLATE: Suri Is the Littlest Fashion Icon!

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