Elon Musk to appear in court over ’13th child’

A New York judge will hear arguments on whether Elon Musk should take a paternity test, give custody to Ashley St. Clair or pay child support for his 13th child.

Elon Musk has been ordered to appear in court in New York City as Ashley St. Clair sues him for custody of their 13th child.

In new court filings obtained by People on February 28, lawyers for St. Clair, 26, are asking Elon Musk, 53, to appear in court in New York on May 29.

Elon Musk is required to appear in court on May 29

PHOTO: AFP

Musk’s lawyers are allowed to argue why the billionaire should not be forced to give St. Clair custody of their 5-month-old child — known by the initials RSC — or why Musk should not be forced to take a paternity test.

Jeffrey H. Pearlman — the New York Supreme Court judge overseeing the case — will hear arguments on whether Elon Musk should be forced to pay child support to St. Clair.

St. Clair’s attorney, Karen B. Rosenthal, told People in a statement that Musk has not yet accepted the court filing, either directly or through his attorney.

“Despite requests, Mr. Musk has not agreed to send the paperwork through his lawyers, which is quite easy to do,” Rosenthal said.

“By avoiding personal service, he has prolonged the litigation and caused unnecessary distress. We have no one to talk to properly. It is an unnecessary trick when it comes to babies,” Karen added.

In additional evidence obtained by People , St. Clair’s lawyers argued that jurisdiction over the case should lie with New York City, where the children’s book author resides.

“We want to avoid trying to involve the White House and other sensitive locations. In our view, attempting to serve at the White House would be a suboptimal image for Elon Musk and Ashley wants to avoid doing this,” a St. Clair attorney wrote in an email.

St. Clair first filed a lawsuit against Elon Musk for custody of their infant son on February 21, 2024. In the lawsuit, St. Clair said New York is the child’s hometown. 

The writer alleges in her filing that Musk is the father of the baby boy, who was born in September 2024. She claims that the billionaire was not present at RSC’s birth, “met the boy only three times, and was not involved in his care and upbringing.”

Writer Ashley St. Clair

PHOTO: X

Despite claiming that the owner of social network X was RSC’s father, St. Clair filed a petition to establish paternity along with his petition for custody.

In the petition, she wrote that Musk began a “romantic relationship around May 2023” and that the two “had sexual intercourse in January 2024,” the time RSC was conceived.

St. Clair said Musk “acknowledged paternity of the child in multiple written correspondence,” including a text message exchange after RSC’s birth. St. Clair said she sent Musk a photo of herself and the newborn shortly after the birth, claiming Musk responded, “I look forward to meeting you and the baby this weekend.” She included a screenshot of the exchange with her petition.

St. Clair said Musk last saw his son on September 21, 2024, and spent two hours with her and her son, as well as an hour the next day. Musk last saw RSC on November 30, 2024, for just 30 minutes.

The writer made headlines on February 14, 2025, when she announced that she and Elon Musk had a child together. If true, this would be the billionaire’s 13th child.