Elon Musk has been ordered to appear in a New York City court after his baby mama Ashley St. Clair sued him over custody of their son.
In a court filing on Friday, attorneys for the 26-year-old requested that the 53-year-old DOGE chief make an appearance on May 29.
His appearance would follow suits filed last week in which St. Clair asked for total custody of her son, who goes by R.S.C. in the court docs.
She has also requested that the Tesla CEO and X owner take a paternity test, since ‘the father of the subject child has not been legally established’.
Judge Jeffrey H. Pearlman will hear arguments over whether or not Musk should be ordered to pay child support to St. Clair.
In a statement to PEOPLE, her attorney Karen B. Rosenthal said that Musk has still not accepted the court filing, either in person or through his lawyers.
She said: ‘As a result of avoiding personal service, he has prolonged the litigation and caused unnecessary distress.
‘It should be noted that no attorney has opted in to the NYSCEF system claiming they represent Mr. Musk.’
In a court filing on Friday, attorneys for the 26-year-old, seen here, requested that the 53-year-old DOGE chief make an appearance on May 29
Musk speaks during the first cabinet meeting hosted by President Donald Trump at the White House on February 26
Rosenthal added: ‘We don’t have anyone we can properly speak with. It’s unnecessary gamesmanship when there’s an infant involved.’
In another filing, St. Clair’s attorneys also argue that the case’s jurisdiction should be solely in New York City, where St. Clair resides.
An email was entered as part of the evidence in the case on Friday from one of her attorneys.
It reads: ‘We want to avoid attempting service at the White House and at other sensitive locations.
‘Attempting service at the White House would, in our view, be sub-optimal optics for Elon, and Ashley would like to avoid doing this.’
The child was born in September 2024, and St. Clair says in her filing for the paternity test that she and Musk started a ‘romantic relationship in or about May 2023’.
St. Clair says that Musk has only met the boy three times and that she is the only parent to make decisions on the child’s behalf.
She claims that Musk was not present for the birth of their child and hasn’t expressed any interest in having custody.
Alongside the paternity suit, she also shared images of Musk with the child as part of the exhibits
The new child with conservative influencer Ashley St. Clair would extend Musk’s brood to 13
According to the court documents, St Clair says she believes child was conceived on the island of St. Barts.
Requesting an order for genetic testing, she adds: ‘I am not currently married to Respondent or any other person.
‘I did not have sexual intercourse with any other male during the time the child was conceived.
‘I am requesting an order for genetic testing to determine the paternity of the child.’
In her custody suit, St. Clair writes that it is in the best interests of the child that she have sole legal and physical custody.
She claims that the Musk first met the boy on September 21, 2024, in New York City, where she resides, for two hours.
The three are then said to have spent one hour together the following day, followed by a trip to Austin, Texas, in which he met the boy for 30 minutes.
As part of the exhibits for the paternity petition, the conservative firebrand shared a picture of Musk holding her son, who was born in September of last year.
Alleged text messages from after the child’s birth were also added in the suit, which includes one from the day the boy was born.
St. Clair had sent Musk a picture of her clutching the newborn in hospital seemingly on the day he was born
In another, St. Clair has sent him a selfie of herself and a friend, to which Musk replies: ‘Hi cutie’ before telling her he wanted to ‘knock her up again’
St. Clair had sent Musk a picture of her clutching the newborn in the delivery room.
‘All well?’ Musk replied. To which, she responded ‘He is perfect.’ Musk replied: ‘I look forward to seeing you and him this weekend.’
In another, St. Clair sent him a selfie of her and a friend, to which Musk replied: ‘Hi cutie.’ She then texted him back, saying: ‘Hi, see u soon.’
The Tesla boss and ‘First Buddy’ followed up with a shocking reply: ‘I want to knock you up again’.
She announced the baby in a post on the evening of Valentine’s day, saying: ‘Five months ago, I welcomed a new baby into the world. Elon Musk is the father.
‘I have not previously disclosed this to protect our child’s privacy and safety, but in recent days it has become clear that tabloid media intends to do so, regardless of the harm it will cause.
St. Clair is a conservative firebrand who has previously courted controversy by fraternizing with the far right
‘I intend to allow our child to grow in a normal and safe environment. For that reason, I ask that the media honor our child’s privacy, and refrain from invasive reporting.’
Soon after the announcement, Musk penned a cryptic post to X in reply to a fan who said making ‘another baby’ was yet another of Musk’s ‘side quests’. Musk reacted with crying laughing emoji.
Musk has always wanted to have a large family and he once claimed that ‘civilization is going to crumble’ if people don’t have more children.
So far, the 53-year-old billionaire has fathered 12 kids with three different women. His latest with St. Clair would be his 13th.
