Katie Holmes Cannot Use Scientology Membership As Reason To Get Sole Custody In Court » Gossip - It sounds like Scientology is going to figure prominently in Tom Cruise’s and Katie Holmes’ divorce no matter what, with allegations that Scientology is having Katie followed. However, one thing Katie can NOT do is use Tom’s membership to Scientology as a reason to get sole custody of their daughter, Suri. The US government recognizes Scientology as a religion, and a parent’s religious affiliation cannot be used to deny that person custody of his/her child, according to divorce attorneys who spoke to Radar Online. It’s unconstitutional. However, there’s still a way. One attorney explained:

“If there are tenets in the religion that spell out certain ways to raise a child and Katie doesn’t feel that’s working for Suri, maybe because she’s acting out a lot, or not doing well in school, or has developmental issues, then that would be what she uses – the litmus test would be what is in the best interest of the child.”


[Another attorney added]: “If any parent’s religion impacts on that parent’s ability to act in the child’s best interest, then that’s going to be a factor for consideration. But in and of itself, how someone practices religion, should not matter. It is only down to whether a parent interacts with the child positively or negatively. If the religion of the parents causes it to be negative then that needs to be looked at.”

I’ve heard stories here and there about Scientology practices, but I don’t know the organization’s childrearing philosophies or practices. But if they’re unusual enough and Tom practices them, then it sounds like that’s what Katie will rely on in court, especially if she can get experts (like child psychologists) to testify that the Scientology practices are detrimental.