Elon Musk ordered to appear in NYC court in custody dispute with Ashley St. Clair
A New York court has summoned Elon Musk for a custody hearing with Ashley St. Clair, who seeks sole custody of their son, R.S.C. St. Clair.
Elon Musk has been ordered to appear in a New York City court as part of an ongoing custody battle with Ashley St. Clair, who is suing him for sole custody of their 5-month-old son, identified in court documents as R.S.C.
Court orders Musk to appear amid custody battle
According to a new filing obtained by PEOPLE on February 28, St. Clair’s attorneys have requested Musk’s presence at the New York County Courthouse on May 29. During the hearing, Musk’s legal team will have the opportunity to argue against granting St. Clair sole custody or compelling him to take a paternity test. The case is being overseen by New York Supreme Court Judge Jeffrey H. Pearlman, who will also review child support considerations.
Musk accused of avoiding legal service
Karen B. Rosenthal, an attorney for St. Clair, stated that Musk has yet to formally acknowledge the court documents, either personally or through his lawyers.
"Despite requests, Mr. Musk has still not accepted service of the motion papers via his alleged attorneys, which is easy enough to do," Rosenthal said in a statement.
She accused Musk of delaying the process and causing "unnecessary distress" by avoiding official legal service. Rosenthal further noted that no attorney has formally registered to represent Musk in the case through the New York State Courts Electronic Filing (NYSCEF) system, making it difficult to communicate with his legal team.
St. Clair’s attorneys have also filed evidence supporting New York as the case’s jurisdiction. They pointed out that Musk has legal representation based in the state, reinforcing that the case should be handled in New York City, where St. Clair resides.
One email from St. Clair’s legal team, included in the court documents, reveals that they sought to avoid attempting to serve Musk at high-profile locations such as the White House, as it could create negative publicity.
St. Clair's claims against Musk
St. Clair, a conservative influencer and children's book author, initially filed for sole custody on February 21. In her petition, she alleges that Musk has had little to no involvement in their son's life.
The filing states that Musk was not present for R.S.C.'s birth in September 2024 and has only met him three times. The last known meeting, according to St. Clair, was on November 30, 2024, lasting just 30 minutes.
According to PEOPLE, despite naming Musk as the father, St. Clair has also filed a paternity petition to legally confirm parentage. She claims that Musk acknowledged their child in multiple written exchanges, including a text after R.S.C.’s birth where he reportedly said, "I look forward to seeing you and him this weekend.” Screenshots of these alleged messages have been included in her petition.
