Tom Cruise and Katie Holmes both adore daughter Suri

Katie Holmes has filed for divorce from husband Tom Cruise in New York rather than California because she's more likely to receive sole custody of their daughter Suri there.

The actress is seeking 'primary residential custody' of the 6-year-old - but Tom, who turns 50 tomorrow, wants their case to be heard in LA in a bid to secure joint custody.

'There is absolutely no way that he is going to let Katie have sole custody,' says a source.

'The lines are being drawn and this is shaping up to be a very contentious custody battle.'

Kati, 33, stands a better chance of being granted sole access to Suri in New York as judges there often choose not to give fighting parents joint custody.

This is because conflict between them is believed to be likely to have a negative impact on the child.

Katie has ensured she's been pictured in New York every day over the past 2 weeks to show it's where she calls home, but Tom wants to prove this isn't true.

'Team Cruise is going to assert that Katie doesn't meet the residency requirements to file in New York,' the source tells website RadarOnline.

'And that both live full time in California, specifically Los Angeles.'

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Anna Duff