Los Angeles: Tom Cruise is gearing up to file for a joint custody of  6 year old Suri Cruise. While  Katie Holmes insists on having a sole legal custody and primary physical custody of their daughter.

Tom Cruise is deeply grieved for his 5 years marriage coming to an end. Katie Holmes filed for divorce in New York. Holmes is reported to be living in New York from quite a time now with Suri and has also filled divorce in New York due to better chances of having the sole custody.

Cruise will also be filling in New York asking that the divorce proceedings shouldn't take place in New York,  because California is the proper venue for the matter to proceed.

A source reported. "Tom will file for divorce in California, and will most probably request joint custody of Suri. There is absolutely no way that he is going let Katie have sole custody. The lines are being drawn and this is going to be a very contentious custody battle."