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Is Child Custody Mediation in the Future for Cruise and Holmes?

Thursday, July, 5, 2012


In case, you have not heard - Katie Holmes is divorcing Tom Cruise. Does this mean that child custody mediation is in their future?

 

It's possible. No one knows for sure if they will settle things with divorce mediation out of court, or if they'll take it in front of a judge. Right now, it's even up in the air which state laws they'll abide by.


Why Divorce Mediation—and Why Now?

 

Rumor has it that Katie wants to get their child Suri way from Cruise's Scientology beliefs & practices. Cruise has been a public advocate for the religion for many years now.

 

Sources claim that Cruise wants to send little 6-year-old Suri to "Sea Org," which operates as the Church of Scientology's "Holy Order". Former members of the group claim that Sea Org members are heavily controlled, and heavily punished for even minor infractions.


Joint Custody vs. Full Custody in this Case

 

Whether the rumors about the group are true or not, one thing is for sure: Katie is seeking full custody of their daughter Suri. But is she likely to get it via child custody mediation? Or will she need to take it to court?

 

If she does have to take it to court, it's up in the air exactly which court that will be. She filed for divorce in New York on June 28. But it's still possible the divorce will be handled in California.


Why is Katie Filing for Divorce in New York?

 

California's laws make it more likely for the father to receive joint custody, than if the couple divorced in New York. But it's not yet guaranteed that the case will be ruled by New York statutes.

 

Katie Holmes had to claim residence in New York for a year in order to file for divorce in the state. But it remains to be seen whether Tom Cruise's lawyers can pull the case back into California, especially since Holmes has called Hollywood home for several years now.

 

Divorce mediation could be the least costly option for them in terms of everyone's money, health, and reputation. Which route the former couple goes, remains to be seen.