Ashley St. Clair’s attorney says Elon Musk is yet to accept “service of the motion papers” as court orders his appearance in custody battle

Tesla CEO Elon Musk was sued by his alleged baby's mother, Ashley St. Clair, on February 21, so that she could gain sole legal custody of their newborn son, referred to by his initials R.S.C.. According to a report from People, Ashley St. Clair's attorneys requested that Musk appear at the New York County Courthouse on May 29.

As per the media outlet, Karen B. Rosenthal, an attorney of St. Clair, revealed that Elon Musk was unreachable, and neither he nor his attorneys had accepted the court filings. The attorney shared this action was causing "unnecessary distress." She stated:

"Despite requests, Mr. Musk has still not accepted service of the motion papers via his alleged attorneys, which is easy enough to do. As a result of avoiding personal service, he has prolonged the litigation and caused unnecessary distress."

St. Clair's attorney continued to criticize the billionaire's "gamesmanship," claiming that since his infant son was involved in the legal process, it was inappropriate for him to act like this.

"It should be noted that no attorney has opted in to the NYSCEF system claiming they represent Mr. Musk. We don’t have anyone we can properly speak with. It's unnecessary gamesmanship when there’s an infant involved."

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Elon Musk and Ashley St. Clair's alleged relationship timeline

Ashley St. Clair [Image via Instagram/@realashleystclair]

On February 15, 2025, Ashley St. Clair, who is a public figure and author, announced on her X account that she gave birth to Elon Musk's 13th child five months prior. She added that she was only sharing the news publicly since the tabloid media was seemingly threatening to release it.

Ashley St. Clair announces her son's birth. [Image via X/@stclairashley]

According to St. Clair's interview with the New York Post, dated February 15, the two began interacting on X before Elon Musk slid into her DMs. She said to the media outlet that she was allegedly instructed to keep her pregnancy a secret, which made her feel isolated.

"I was told to keep it secret. I was being asked to keep it a secret forever. I was completely isolated during my pregnancy. Every part of my career and everything I used to do, I couldn’t do anymore. I was told not to tell anybody."

Soon after the announcement on X, Ashley called out Elon Musk in a now-deleted tweet and shared he had not communicated with her for days. Instead, the tech mogul kept interacting with netizens. She wrote:

"Elon, we have been trying to communicate for the past several days and you have not responded. When are you going to reply to us instead of publicly responding to smears from an individual who just posted photos of me in underwear at 15 years old?"

According to a New York Post report dated February 17, St. Clair's close associate Emma-Jo Morris told the outlet that Elon Musk allegedly cut off the former completely after she informed him that a tabloid media was going to reveal the news of their son's birth.

"Ashley got wind that a tabloid was kicking the tires on her, and she reached out to Elon immediately. He basically cut bait, and so the message was understood that she was on her own," Morris said.

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Shivon Zilis announced on March 1, 2025, that Musk's 14th child, Seldon Lycurgus, has been born. Shivon Zilis, a director at Neuralink, did not mention when her son was born.