The New York Daily News captured a photo of Holmes with Suri as they strolled the aisles of Whole Foods Wednesday stocking up for the Fourth of July. With her bodyguard tailing closely, Holmes uttered her first public words since the TomKat split, telling the paper, "I'm all right, thank you."
Holmes filed for divorce from Cruise last Thursday, seeking sole legal custody and primary physical custody of 6-year-old Suri.
But Holmes' attorney tells Eyewitness News reports of an emergency custody and child support hearing in New York two weeks from now are false.
In a statement, attorney Jonathan Wolfe says quote:
"There is no such filing at this time. Other than her action for divorce, the only pending application filed by Ms. Holmes remains her request for an anonymous caption."
Family law expert Steve Mindel says privacy may be one reason Holmes filed for divorce in New York, where divorce is a far more private matter than it is in California.
"The first question is going to be, is this case going to be handled in New York where she filed it, or in Los Angeles where Tom Cruise is ultimately going to want to have the case? If the case is going to be tried in a court," said Mindel. "Even the most notorious cases in California, like the McCourts, we see them every day in the court filings."
The 33-year-old Holmes is citing irreconcilable differences as the reason she's divorcing Cruise, who turned 50 Tuesday.
Under a pre-nuptial agreement the couple reportedly signed in 2006, Holmes would receive $3 million for each year she was married to Cruise. That could mean she'll get $18 million plus child support. But sole custody of Suri might not be so easy.
"It's very difficult," said Mindel. "She would have to have incredible dirt on Tom Cruise and she'd have to show that the two of them under no circumstances could co-parent their child together."
Despite his latest movie, "Rock of Ages," tanking at the box office, Cruise is still Hollywood's highest-paid actor. Forbes Magazine says he earned $75 million in the past year -- more than double anyone else. Paramount pictures has just released the trailer for Cruise's next movie, crime drama "Jack Reacher," which opens in December.