Attorney Robert H. Montefusco of The Law Office of Robert H. Montefusco P.C. says the divorce involving actors Tom Cruise and Katie Holmes will impact the way their child will be raised. While Ms. Holmes may be awarded sole custody if she is able to try the case in New York, Mr. Montefusco says that Mr. Cruise can still have input as to how the child is raised.
It was reported that, on June 28, 2012, Ms. Holmes filed for divorce from Mr. Cruise after five and a half years of marriage. She cited an irretrievable breakdown in the marriage and is seeking full custody of their six-year-old daughter, Suri. Ms. Holmes is seeking to have the case tried in New York, where she may seek to be awarded sole custody, while Mr. Cruise wants the case tried in California so he can obtain joint custody.
“The courts in New York grant sole custody because of the acrimony between the two parties,” Mr. Montefusco said. “Depending on the facts, Ms. Holmes may be awarded sole custody of Suri, but Mr. Cruise may still have input as to how their daughter will be raised, especially in terms of her religious upbringing.”
Ms. Holmes may have filed for divorce because she does not share the same religious beliefs as her husband — he is a Scientologist, she is Catholic — and that she did not want her daughter to be raised as a Scientologist. However, Mr. Montefusco says Ms. Holmes’ request to raise Suri under her religion might not be granted.
“Mr. Cruise may try to bring in his own witnesses to provide evidence that Suri was raised as a Scientologist from birth and ask that she continue to practice his religion,” Mr. Montefusco said. “It is possible that even if Ms. Holmes were granted sole custody, Suri could still be raised under her father’s religion.”
The Law Office of Robert H. Montefusco concentrates its practice in the areas of divorce law and family law. Mr. Montefusco handles matrimonial issues such as divorce, equitable distribution of property, child custody, visitation and child support. For more information, call (631) 630-6515.