After a source confirmed to Us Weekly Friday that Holmes, 33, is indeed pursuing sole custody of her and Tom Cruise’s only child together, divorce attorney Vikki Ziegler explained the implications of the actress’ unexpected action.
“This is a very aggressive move on Katie’s part. Standard [filing] is joint legal [custody] with Katie as the parent of primary residence,” Ziegler told Us. “Usually sole custody is requested when a person either wants to hurt the other parent or has evidence of a parent being unfit.”
The Kennedys star’s attorney broke the news on Friday afternoon that she and Cruise, 49, are divorcing.
“Katie’s primary concern remains, as it always has been, her daughter’s best interest,” her lawyer Jonathan Wolfe told Us. “This is a personal and private matter for Katie and her family.”
Later that day, Cruise’s rep issued his own statement — hinting that Holmes was the one who had taken the initiative with their split.
“Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children,” a rep for the Rock of Ages star said. “Please allow them their privacy.”