Tom Cruisecan see his daughter Suri up to 10 days a month, but chooses not to, a source tells Us Weekly exclusively.

“Every person is allowed to see their child if they wanted to,” the source tells Us, revealing custody of the 12-year-old is outlined in his divorce agreement with Katie Holmes. “He chooses not to because she is not a Scientologist.”

Cruise, 56, and Holmes, 39, who wed in 2006, split in 2012. The Dawson’s Creek alum blindsided the actor by filing for divorce, a source reveals in the new issue of Us Weekly, noting Cruise hasn’t been photographed with Suri since 2013.

42 PHOTOS Katie Holmes and Suri Cruise through the years See Gallery Katie Holmes and Suri Cruise through the years NEW YORK, NY - APRIL 18: Katie Holmes, Suri and her friends seen at a restaurant in SoHo, celebrating Suri's birthday on April 18, 2019 in New York City. (Photo by Robert Kamau/GC Images) NEW YORK, NY - APRIL 18: Katie Holmes, Suri and her friends seen at a restaurant in SoHo, celebrating Suri's birthday on April 18, 2019 in New York City. (Photo by Robert Kamau/GC Images) PARIS, FRANCE - JULY 01: Actress Katie Holmes and daughter Suri Cruise are seen arriving at Louvre Museum on July 1, 2018 in Paris, France. (Photo by Marc Piasecki/GC Images) PARIS, FRANCE - JULY 01: Katie Holmes and Suri Cruise are seen strolling near Le Louvre museum on July 1, 2018 in Paris, France. (Photo by Pierre Suu/GC Images) NEW YORK, NY - MAY 21: Katie Holmes and Suri Cruise enjoy a night at American Ballet Theater at Lincoln Center on May 21, 2018 in New York City. (Photo by Gotham/GC Images) NEW YORK, NY - MAY 21: Katie Holmes and Suri Cruise enjoy a night at American Ballet Theater at Lincoln Center on May 21, 2018 in New York City. (Photo by Gotham/GC Images) NEW YORK, NY - DECEMBER 16: Suri Cruise and Katie Holmes attend the Oklahoma City Thunder Vs New York Knicks game at Madison Square Garden on December 16, 2017 in New York City. (Photo by James Devaney/Getty Images) NEW YORK, NY - DECEMBER 16: Suri Cruise and Katie Holmes attend the Oklahoma City Thunder Vs New York Knicks game at Madison Square Garden on December 16, 2017 in New York City. (Photo by James Devaney/Getty Images) NEW YORK, NY - DECEMBER 16: Suri Cruise and Katie Holmes attend the Oklahoma City Thunder Vs New York Knicks game at Madison Square Garden on December 16, 2017 in New York City. (Photo by James Devaney/Getty Images) NEW YORK, NY - DECEMBER 08: Katie Holmes and Suri Cruise attend the Z100's Jingle Ball 2017 on December 8, 2017 in New York City. (Photo by Kevin Mazur/Getty Images) NEW YORK, NY - DECEMBER 08: Elvis Duran, Katie Holmes and Suri Cruise speak at Z100's Jingle Ball 2017 on December 8, 2017 in New York City. (Photo by Theo Wargo/Getty Images for iHeartMedia) NEW YORK, NY - DECEMBER 08: Katie Holmes and Suri Cruise perform during the 2017 Z100 Jingle Ball at Madison Square Garden on December 8, 2017 in New York City. (Photo by Taylor Hill/FilmMagic) NEW YORK, NY - JULY 19: (EXCLUSIVE COVERAGE) (L-R) Suri Cruise, Katie Holmes and Tony Winner Ben Platt pose backstage at the hit musical 'Dear Evan Hansen'on Broadway at The Music Box Theatre on July 19, 2017 in New York City. (Photo by Bruce Glikas/Bruce Glikas/FilmMagic) NEW YORK, NY - APRIL 04: (EXCLUSIVE COVERAGE) Katie Holmes and Suri Cruise are seen in the Meat Packing District on April 4, 2017 in New York City. (Photo by Alo Ceballos/GC Images) NEW YORK, NY - APRIL 04: (EXCLUISVE COVERAGE) Katie Holmes and Suri Cruise are seen in the Meat Packing District on April 4, 2017 in New York City. (Photo by Alo Ceballos/GC Images) LOS ANGELES, CA - JANUARY 15: Suri Cruise (2L) and Katie Holmes attend a basketball game between the Detroit Pistons and the Los Angeles Lakers at Staples Center on January 15, 2017 in Los Angeles, California. (Photo by Noel Vasquez/Getty Images) LOS ANGELES, CA - JANUARY 15: Suri Cruise and Katie Holmes attend a basketball game between the Detroit Pistons and the Los Angeles Lakers at Staples Center on January 15, 2017 in Los Angeles, California. (Photo by Noel Vasquez/Getty Images) NEW YORK, NY - AUGUST 16: (EXCLUSIVE COVERAGE) (L-R) Suri Cruise, guest, Emily Pynenberg as 'Cassandra', Katie Holmes, Zac Posen, Leona Lewis as 'Grizabella The Glamour Cat' chat backstage at the hit musical 'Cats' on Broadway at The Neil Simon Theatre on August 16, 2016 in New York City. (Photo by Bruce Glikas/FilmMagic) NEW YORK, NY - JULY 30: (EXCLUSIVE COVERAGE) Suri Cruise and mother Katie Holmes pose backstage at the hit musical 'Finding Neverland' on Broadway at The Lunt Fontanne Theatre on July 30, 2016 in New York City. (Photo by Bruce Glikas/Bruce Glikas/FilmMagic) NEW YORK, NY - JULY 30: (EXCLUSIVE COVERAGE) (L-R) Laura Michelle Kelly as 'Sylvia Llewelyn Davies', Paul Slade Smith as 'Charles Frohman', Suri Cruise, mother Katie Holmes, Tony Yazbeck as 'J.M. Barrie' and Amy Yakima as 'Peter Pan' pose backstage at the hit musical 'Finding Neverland' on Broadway at The Lunt Fontanne Theatre on July 30, 2016 in New York City. (Photo by Bruce Glikas/Bruce Glikas/FilmMagic) NEW YORK, NY - JULY 30: (EXCLUSIVE COVERAGE) Suri Cruise and mother Katie Holmes pose backstage at the hit musical 'Finding Neverland' on Broadway at The Lunt Fontanne Theatre on July 30, 2016 in New York City. (Photo by Bruce Glikas/Bruce Glikas/FilmMagic) NEW YORK, NY - JULY 31: Katie Holmes and Suri Cruise are seen walking their Chihuahua Honey with some friends on July 31, 2016 in New York, New York. (Photo by Alessio Botticelli/GC Images) NEW YORK, NY - MARCH 20: Actress Katie Homes and her daughter Suri Cruise attend the game between the Stephen F. Austin Lumberjacks and the Notre Dame Fighting Irish during the second round of the 2016 NCAA Men's Basketball Tournament at Barclays Center on March 20, 2016 in the Brooklyn borough of New York City. (Photo by Elsa/Getty Images) NEW YORK, NY - MARCH 30: Actress Katie Holmes and her daughter Suri Cruise attend the East Regional Final of the 2014 NCAA Men's Basketball Tournament between the Connecticut Huskies and the Michigan State Spartans at Madison Square Garden on March 30, 2014 in New York City. (Photo by Elsa/Getty Images) NEW YORK, NY - AUGUST 18: Katie Holmes takes Suri Cruise on a bike ride along Manhattan's West Side bike path on August 18, 2012 in New York City. (Photo by James Devaney/WireImage) NEW YORK NY - DECEMBER 12: Katie Holmes with Suri Cruise sighting on December 12, 2013 in New York City. (Photo by Josiah Kamau/BuzzFoto/FilmMagic) NEW YORK, NY - DECEMBER 11: Actress Katie Holmes and Suri Cruise are seen walking Chelsea on December 11, 2013 in New York City. (Photo by Raymond Hall/FilmMagic) NEW YORK, NY - OCTOBER 08: Actress Katie Holmes sighted helping Suri Cruise to scooter in Chelsea on October 8, 2013 in New York City. (Photo by Raymond Hall/FilmMagic) NEW YORK, NY - OCTOBER 08: Actress Katie Holmes sighted helping Suri Cruise to scooter in Chelsea on October 8, 2013 in New York City. (Photo by Raymond Hall/FilmMagic) NEW YORK, NY - OCTOBER 04: Katie Holmes and Suri Cruise seen on the streets of Manhattan on October 4, 2013 in New York City. (Photo by James Devaney/WireImage) NEW YORK, NY - JULY 27: Katie Holmes and Suri Cruise (R) leave ABC Carpet on July 27, 2013 in New York City. (Photo by James Devaney/FilmMagic) NEW YORK, NY - JULY 15: (L-R) Katie Holmes and daughter Suri Cruise sighting on July 15, 2013 in New York City. (Photo by Josiah Kamau/BuzzFoto/FilmMagic) MANHATTAN NY - JULY 12: (L-R) Katie Holmes and daughter Suri Cruise sighting on July 12, 2013 in New York City. (Photo by Josiah Kamau/BuzzFoto/FilmMagic) NEW YORK, NY - JULY 14: Katie Holmes and Suri Cruise leave Make Meaning on July 14, 2013 in New York City. (Photo by James Devaney/FilmMagic) NEW YORK CITY, NY - NOVEMBER 09: Katie Holmes picks up Suri Cruise from school on November 09, 2012 in New York City. (Photo by Josiah Kamau/BuzzFoto/FilmMagic) NEW YORK, NY - SEPTEMBER 23: Katie Holmes and Suri Cruise are seen at a playground in Brooklyn on September 23, 2012 in New York City. (Photo by Jackson Lee/Star Max/FilmMagic) NEW YORK, NY - SEPTEMBER 16: Suri Cruise seen on the streets of Manhattan on September 16, 2012 in New York City. (Photo by James Devaney/WireImage) NEW YORK, NY - AUGUST 25: Suri Cruise plays in Bleecker Playground on August 25, 2012 in New York City. (Photo by James Devaney/FilmMagic) NEW YORK, NY - AUGUST 20: Katie Holmes and Suri Cruise visit Make Meaning on August 20, 2012 in New York City. (Photo by James Devaney/WireImage) NEW YORK, NY - AUGUST 18: Katie Holmes (R) takes Suri Cruise on a bike ride along Manhattan's West Side bike path on August 18, 2012 in New York City. (Photo by James Devaney/FilmMagic) NEW YORK, NY - AUGUST 20: Katie Holmes and Suri Cruise visit Make Meaning on August 20, 2012 in New York City. (Photo by James Devaney/WireImage) NEW YORK, NY - AUGUST 18: Katie Holmes takes Suri Cruise on a bike ride along Manhattan's West Side bike path on August 18, 2012 in New York City. (Photo by James Devaney/WireImage) Up Next See Gallery Discover More Like This HIDE CAPTION SHOW CAPTION of SEE ALL BACK TO SLIDE

Tony Ortega, former editor in chief of The Village Voice and a critic of Scientology, adds that Holmes probably signed “some nondisclosure agreement saying she wouldn’t say anything bad about Scientology” to ensure she had primary custody of their daughter. “She wanted to get away and she wanted to get Suri,” Ortega explains.

The author also notes that Holmes was likely advised not to keep in touch with former friend and former Scientologist Leah Reminiafter her divorce from Cruise.

“I’m sure her father, who’s a smart attorney, has probably told her that hanging out with Leah would be considered disparaging the church in the eyes of Tom and the church,” Ortega tells Us. “We were all hoping that eventually Katie would say more and that we’d see them together, but Leah has gone on to become this real lightning rod for exposing Scientology’s abuses, and I think Katie just wants to keep the life she has right now with Suri and not get in a big fight with the church.”

Remini, who publicly left the church in 2013, recently claimed Holmes is not “allowed to have a meal” with her because she could “lose custody of Suri.”

“We used to be close friends,” the former King of Queens star, who stars and produces A&E’s Scientology and the Aftermath, told LaPalme magazine last month. “It’s quite sick, really.”

38 PHOTOS Tom Cruise and Katie Holmes together See Gallery Tom Cruise and Katie Holmes together LOS ANGELES, CA - JUNE 04: Actor Tom Cruise and actress Katie Holmes pose backstage during the 2005 MTV Movie Awards at the Shrine Auditorium June 4, 2005 in Los Angeles, California. The 14th annual award show will premiere on MTV Thursday, June 9 at 9:00PM (ET/PT). (Photo by Frank Micelotta/Getty Images) Katie Holmes and Tom Cruise (Photo by SGranitz/WireImage) LONDON - JUNE 19: (EMBARGOED FOR PUBLICATION IN UK TABLOID NEWSPAPERS UNTIL 48 HOURS AFTER CREATE DATE AND TIME) Actors Tom Cruise and fiancee Katie Holmes arrive for the UK Premiere of Tom Cruise's new blockbuster 'War Of The Worlds' at the Odeon Leicester Square on June 19, 2005 in London, England. (Photo by Dave Benett/Getty Images) LONDON - JUNE 19: Actors Tom Cruise and fiancee Katie Holmes kiss as they arrive at the UK premiere of 'War Of The Worlds' at the Odeon Leicester Square June 19, 2005 in London, England. (Photo by MJ Kim/Getty Images) Katie Holmes and Tom Cruise (Photo by Steve Granitz/WireImage) Katie Holmes and Tom Cruise at the 'Mission: Impossible III' Los Angeles Fan Screening - Arrivals at Chinese Theater in Hollywood, California. (Photo by Chris Polk/FilmMagic) ITALY - NOVEMBER 16: Tom Cruise and Katie Holmes in Rome for wedding. Cruise and Holmes are expected to marry in the Orsini Odescalchi Castle in the lakeside town of Bracciano just 60 kilometers from the capital on november 18th. Tom Cruise ,Katie Holmes with their daughter Suri arrive at the restaurant 'Nino' near plaza di Spagna, where Tom Cruise, Katie Holmes and their guests had dinner in Rome, Italy on November 16, 2006. (Photo by Eric VANDEVILLE/Gamma-Rapho via Getty Images) Tom Cruise and Katie Holmes during 2007 Vanity Fair Oscar Party Hosted by Graydon Carter - Arrivals at Mortons in West Hollywood, California, United States. (Photo by Gregg DeGuire/WireImage) LOS ANGELES - MARCH 22: Actors Katie Holmes and Tom Cruise arrive at MENTOR LA's Promise Gala honoring Tom Cruise at Twentieth Century Fox Studios on March 22, 2007 in Los Angeles, California. (Photo by Kevin Winter/Getty Images) Katie Holmes and Tom Cruise during New York Rescue Workers Detoxification Project Benefit Gala Hosted by Tom Cruise and Benefiting the Clinic at The Altman Building in New York City, New Yotk, United States. (Photo by Jim Spellman/WireImage) LOS ANGELES, CA - JULY 22: (L-R) Tom Cruise, Katie Holmes, Victoria Beckham, David Beckham, Jada Pinkett Smith and Will Smith pose for the Beckham welcoming party at the Museum of Contemporary Art's Geffen Warehouse on July 22, 2007 in Los Angeles, California. (Photo by Noel Vasquez/Getty Images) LOS ANGELES, CA - JULY 22: Actor Tom Cruise and actress Katie Holmes arrive at the 'Beckham Welcome To LA Party' at the Museum of Contemporary Art on July 22, 2007 in Los Angeles, California. (Photo by Gregg DeGuire/WireImage) NEW YORK CITY, NY - NOVEMBER 6: Katie Holmes and Tom Cruise attend MUSEUM OF THE MOVING IMAGE SALUTES TOM CRUISE at Cipriani 42nd Street on November 6, 2007 in New York City. (Photo by BILLY FARRELL/Patrick McMullan via Getty Images) WESTWOOD, CA - JANUARY 09: Actor Tom Cruise and actress Katie Holmes arrive at the 'Mad Money' premiere at Mann Village Theater on January 9, 2008 in Westwood, California. (Photo by Lester Cohen/WireImage) NEW YORK - JANUARY 15: Actor Tom Cruise and wife, actress Katie Holmes, leave their midtown hotel January 15, 2008 in New York City. (Photo by Marcel Thomas/FilmMagic) NEW YORK - JANUARY 16: Actor Tom Cruise and actress Katie Holmes sighting with daughter Suri Cruise on January 16, 2008 in New York City. (Photo by James Devaney/WireImage) LOS ANGELES, CA -FEBRUARY 9: Actress Katie Holmes and actor Tom Cruise arrive at the opening of 'The Broad Contemporary Art Museum' at LACMA on February 9, 2008 in Los Angeles, California. (Photo by: Jean-Paul Aussenard/Wireimage) LOS ANGELES, CA - FEBRUARY 09: Actor Tom Cruise and wife Katie Holmes attend LACMA's Opening Celebration of the Broad Contemporary Art Museum on February 9, 2008 in Los Angeles, California. (Photo by Jeff Vespa/WireImage) NEW YORK - MAY 05: Actors Tom Cruise (R) and Katie Holmes arrive to the Metropolitan Museum of Art Costume Institute Gala, Superheroes: Fashion and Fantasy, held at the Metropolitan Museum of Art on May 5, 2008 in New York City. (Photo by Andrew H. Walker/Getty Images) NEW YORK - AUGUST 15: Tom Cruise and Katie Holmes seen on the streets of Manhattan on August 15, 2008 in New York City. (Photo by James Devaney/WireImage) NEW YORK - AUGUST 15: Tom Cruise, Suri Cruise and Katie Holmes seen on the streets of Manhattan on August 15, 2008 in New York City. (Photo by James Devaney/WireImage) U.S actress Katie Holmes and husband Tom Cruise leaves her apartment for to go lunch to 'Baltazar' restaurante in New York City, NY, USA on october 31, 2008. Photos by Nikola Kis derdei- Guï¿½in - Cau-ABACAPRESS.COM (Photo by Philip Ramey/Corbis via Getty Images) FREDDY BAEZ/ï¿½2009 RAMEY PHOTO New York, January 5, 2009 KATIE HOLMES and TOM CRUISE arriving to Nobu restaurant in Tribeca to having a romantic dinner. Later leaving the restaurant. PGfrb6 (Photo by Philip Ramey/Corbis via Getty Images) BERLIN - JANUARY 20: Actor Tom Cruise and his wife Katie Holmes arrive for the premiere of the film 'Valkyrie' by director Bryan Singer on January 20, 2009 in Berlin, Germany. (Photo by Andreas Rentz/Getty Images) Actors Tom Cruise and Katie Holmes attend the ceremony honoring Cameron Diaz with a star on the Walk of Fame on June 22, 2009 on Hollywood Boulevard in front of the Egyptian Theater in Hollywood, California. AFP PHOTO/Gabriel BOUYS (Photo credit should read GABRIEL BOUYS/AFP/Getty Images) BOSTON - SEPTEMBER 21: Actors Tom Cruise (L) and Katie Holmes run on September 21, 2009 in Boston, Massachusetts. BOSTON - OCTOBER 11: (L-R) Tom Cruise, Suri Cruise and Katie Holmes are seen on October 11, 2009 in Boston, Massachusetts. (Photo by Christopher Peterson/BuzzFoto/FilmMagic) ï¿½2009 RAMEY PHOTO USA, Australia and South Africa rights only U.S actor Tom Cruise visiting his wife Katie Holmes on her new movie 'The Romantics' filming in Long Island. During a film break the couple taking a romantic walk together, strolling hand-in-hand in New York on November 10, 2009. CG (Photo by Philip Ramey/Corbis via Getty Images) Tom Cruise and Katie Holmes arriving for the 2010 National Movie Awards at the Royal Festival Hall, London. (Photo by Ian West/PA Images via Getty Images) SEVILLE, SPAIN - JUNE 16: Tom Cruise and wife Katie Holmes attend 'Knight and Day' premiere at the Lope de Vega Theater in Seville, Spain. (Photo by Carlos Alvarez/Getty Images) BEVERLY HILLS, CA - MARCH 28: Actors Tom Cruise and Katie Holmes arrive at The ReelzChannel World premiere of 'The Kennedys' at AMPAS Samuel Goldwyn Theater on March 28, 2011 in Beverly Hills, California. (Photo by Jason Merritt/Getty Images) (EXCLUSIVE, Premium Rates Apply) (EXCLUSIVE COVERAGE) Katie Holmes and Tom Cruise pose backstage at the hit musical written by Green Day 'American Idiot' on Broadway at The St. James Theater on April 12, 2011 in New York City. NEW YORK, NY - APRIL 13: (L-R) Actors Tom Cruise, Katie Holmes, and Suri Cruise leave their Greenwich Village apartment on April 13, 2011 in New York City. (Photo by Ray Tamarra/Getty Images) Katie Holmes and Tom Cruise attend the 2011 Wiesental Center Nation Tribute Dinner In Honoring Tom Cruise at the Beverly Wilshire Four Seasons Hotel on May 5, 2011 in Beverly Hills, California. PITTSBURGH, PA - OCTOBER 08: Katie Holmes, Suri Cruise and Tom Cruise seen on the streets of Pittsburgh on October 8, 2011 in Pittsburgh, Pennsylvania. (Photo by James Devaney/WireImage) NEW YORK, NY - DECEMBER 19: Katie Holmes and Tom Cruise are seen on December 19, 2011 in New York City. (Photo by Alo Ceballos/FilmMagic) WEST HOLLYWOOD, CA - FEBRUARY 26: Actors Katie Holmes (L) and Tom Cruise arrive at the 2012 Vanity Fair Oscar Party hosted by Graydon Carter at Sunset Tower on February 26, 2012 in West Hollywood, California. (Photo by John Shearer/WireImage) NEW YORK, NY - DECEMBER 19: Actors Katie Holmes and Tom Cruise attend the 'Mission: Impossible - Ghost Protocol' U.S. premiere at the Ziegfeld Theatre on December 19, 2011 in New York City. (Photo by Taylor Hill/FilmMagic) Up Next See Gallery Discover More Like This HIDE CAPTION SHOW CAPTION of SEE ALL BACK TO SLIDE

The Church of Scientology’s spokesperson Karin Pouw denied Remini’s claims in a statement to Us Weekly: “Ms. Remini’s ridiculous rants are unending and the myths and tales she and her coproducer spread are grown more bizarre by the day,” the statement read in part. “They hire producers to rehash tired, preposterous myths invented and spread by the same handful of former Scientologists motivated by greed and anger.”

Ortega tells Us that he doesn’t believe Cruise would want custody, noting the possibility could be enough to keep Holmes from reaching out to Remini.

Us Weekly reached out to Cruise’s rep for comment.

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