By Breaking Celebrity News Staff

Katie Holmes can not play the Scientology card in her bid to win sole legal custody of daughter Suri, two top divorce lawyers have told Breaking Celebrity News exclusively.

As attorneys for the actress and Tom Cruise gear up for one of the biggest divorces in showbiz history, there's been much speculation in the media about how big a part Scientology played in their marriage and subsequent demise and how it will be used in proceedings.

Top Los Angeles divorce lawyer Grace Jamra tells Breaking Celebrity News that it would simply be “unconstitutional" for a judge to involve him or herself in issues pertaining to Suri's religious upbringing.

“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.

“Katie doesn’t really need to use Scientology as the basis or reasoning to get sole custody.”

New York-based family law attorney Bernard Clair concurred, telling us a judge would not consider Tom’s religion and its practices as reason enough to grant Katie full decision-making power over their daughter.

“I am hopeful that a judge would not give too much credence to the fact that someone is a member of a particular religion or particular thought-based organization,” Clair said. “It’s only relevant if it