By Sally Garcia, EnStarz | Jun 30, 2012 12:13 AM EDT
Katie Holmes filed for divorce from Tom Cruise on Thursday and is seeking sole legal custody and primary residential custody of their 6-year-old daughter Suri, according to celebrities' site TMZ.
When seeking sole legal custody, Holmes wants to be the one who makes major decisions for Suri and primary residencial custody means she wants Suri to live with her.
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Holmes reportedly "blindsided" Cruise when she filed the divorce papers in New York City citing "irreconcilable differences."
"Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children. Please allow them their privacy to work this out," Tom's representative said in a statement.
Holmes, 33 and Cruise, 49 are ending one of Hollywood's highest profile marriages. The couple married in an Italian castle in 2006.
It is being questioned by several media outlets, why Holmes filed for divorce in New York City and not in California, where they married legally.
TMZ reports that in New York, family law judges "typically don't like giving two parents who don't get along the power to make child-rearing decisions."
But it could have been just for convenience and privacy.
High profile Manhattan attorney, Raoul Felder told the L.A. Times that filing in New York was more convenient for Holmes who lives there and court papers are sealed.
Holmes wants to remove Suri from a Scientology-influenced school in California she attends because she allegedly dislikes and distrusts the church, reports the Daily Mail.
TMZ.com is reporting that Scientology was a major factor in the breakup.
"Katie Holmes filed for divorce primarily over Tom Cruise's fierce ties to Scientology, fearing that Tom would drag Suri deep into the church," the site reports, citing sources connected with the couple.
This was the first marriage for Holmes and the third for Cruise. He was previously married to actress Mimi Rogers and actress Nicole Kidman with whom he has two children.
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