By Keith F. Carr
Katie Holmes decision to contest custody of her daughter in New York, and not California, is surprising but not uncommon. With a prenuptial agreement in place, there was nothing to gain financially in moving to California. In California, a prenuptial agreement may not waive child support. As a strategy one spouse may try to “seize” custody (by denying all visitation to the other spouse) shortly before the divorce is filed. Although frowned upon, it does work in some cases. In this case, Cruise now has to fight the uphill battle for custody in California or New York based on Holmes’ move-away status.