Ashley St. Clair – the woman who recently revealed that she has allegedly given birth to Elon Musk’s 13th child – has filed a lawsuit against the billionaire seeking sole legal custody of their infant son.
The 26-year-old author submitted the petition to the New York Supreme Court on Friday, February 21, stating that New York is the child’s home state.
In the legal filing, St. Clair claims that Musk is the father of the boy, who was born in September 2024 and has the initials R.S.C.
However, she alleges that Musk was absent at the birth and “has met him only three (3) times and has had no involvement in his care and upbringing.”
Despite naming Musk as the father, she has also filed a paternity petition alongside the custody request.
Allegations of Absence and Parentage Acknowledgment
According to St. Clair, she and Musk began a “romantic relationship in or about May 2023” and conceived the child in January 2024, per PEOPLE. She asserts that Musk “acknowledged parentage of the child in various written correspondences,” including a text exchange following R.S.C.’s birth.
In the petition, St. Clair says she sent Musk a photo of herself and the newborn, to which he allegedly replied, “I look forward to seeing you and him this weekend.” She included a screenshot of this exchange as evidence.
She further claims that Musk made a concerning remark regarding their son’s safety, allegedly stating: “If I make a mistake on security, [R.S.C.] will never know his father” – which the mom interprets as another acknowledgment of paternity.
Limited Meetings and Controversial Messages
St. Clair details the limited interactions Musk has had with their son, saying the Tesla CEO first met R.S.C. on September 21, 2024, for two hours, followed by a one-hour visit the next day.
She claims that the last time Musk saw his son was on November 30, 2024, for only 30 minutes.
Additionally, the court documents include messages allegedly sent by Musk, including one on November 24, 2024, stating: “I want to knock you up again.”
Three months later, another message reportedly read: “Well, we do have a legion of kids to make.”
Legal Action and Musk’s Response
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St. Clair’s attorney, Karen B. Rosenthal, has accused Musk’s legal team of being uncooperative. In the filing, Rosenthal states that their firm had attempted to resolve the matter privately with Musk’s lawyer, Alyssa Rower of Rower, LLC, but claims Musk’s representatives were “nonresponsive” and that Musk “no longer wishes to resolve issues of custody and support amicably.”
Her legal team also noted that due to Musk’s role in the Trump administration, serving him at the White House would be complicated due to high security.
“Ashley St. Clair has filed paternity and custody petitions to protect the best interests of her child,” her representative, Brian Glickich, told PEOPLE. “She has made every effort to collaborate with Mr. Musk before taking this step. She has no further comment on the contents of the petitions, which speak for themselves.”
Musk’s representatives and attorneys have yet to respond, per PEOPLE.
St. Clair previously told the New York Post that she initially kept quiet about the pregnancy because she was instructed to.
“I was told to keep it secret. I was being asked to keep it a secret forever,” she said.
Additionally, earlier this week, St. Clair issued the following message to Musk following his one-word response to her announcement. She wrote in a now-deleted tweet: “Elon, we have been trying to communicate for the past several days and you have not responded.”
Musk’s Personal Life Under Scrutiny
If St. Clair’s claims are true, Musk has now fathered 13 children across multiple relationships.
His known children include:
-Twins Vivian and Griffin, and triplets Kai, Saxon, and Damian with his first wife, Justine Wilson (divorced in 2008). Musk and Wilson also welcomed their son Nevada Alexander in 2002. However, at 10 weeks old, he sadly passed away due to SIDs.
-Three children with musician Grimes: X Æ A-Xii (X), Exa Dark Sideræl, and Techno Mechanicus.
-Twins Strider and Azure, plus a third unnamed son with Neuralink executive Shivon Zilis.
The lawsuit comes just a day after Musk’s former partner, singer-songwriter Grimes, publicly called him out on X (formerly Twitter), pleading for him to respond to their child’s “medical crisis.”
“Plz respond about our child’s medical crisis,” Grimes wrote on February 20. “He won’t respond to texts call or emails and has skipped every meeting and our child will suffer life long impairment if he doesn’t respond asap.”
She did not disclose which child was affected or provide details on the medical issue.
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