Ashley St. Clair Sues Elon Musk For Paternity, Custody and Support

Ashley St. Clair Sues Elon Musk on Paternity and Custody Claims

The paparazzi have been asking “Did Elon Musk have a baby with Ashley St. Clair?” It has recently been reported that in a high-profile legal development, Ashley St. Clair, a New York-based influencer and entrepreneur, has filed a paternity, custody and child support case against renowned billionaire entrepreneur Elon Musk in the New York County Supreme Court. The case, filed on Friday, February 21, 2025, has garnered significant media attention, centers on the legal rights and responsibilities surrounding paternity, child custody and financial obligations, highlighting the complexities of family law as they pertain to high-profile public figures.

Background of the Case

Ashley St. Clair, is an author and influencer known for her conservative political advocacy. In September of 2024, she gave birth to a son, alleged to be that of Elon Musk after they began a “romantic relationship in or about May 2023.” In her lawsuit, Ms. St. Clair alleges that Elon has met the child on only three occasions and he “has had no involvement in his care and upbringing.” The case, filed in the New York County Supreme Court, seeks to establish paternity and secure custody arrangements for the child in question. To date, Mr. Musk has not addressed the claims in any fashion.

Ashely St. Clair’s Public Filings against Elon Musk

Paternity and custody cases are highly sensitive, involving not only legal considerations but also personal and emotional factors. For those reasons, Family Court files are “not . . . open to indiscriminate public inspection” under Family Court Act § 166. Interestingly, Ms. St. Clair chose to file in Supreme Court, instead of Family Court, which, presumptively makes all filings readily available to the public. Also of note, Ms. St. Clair has decided not to use an ANONYMOUS caption commonly used when a party seeks to avoid disclosure of the litigation to the public, and, instead, opted to file using the parties’ full names, thereby making the case more accessible to the public. Under these circumstances, such actions may be intended and designed to garner media attention that may otherwise have been avoided if the case was filed in a confidential fashion.

In this case, Ms. St. Clair is seeking a legal determination on Musk’s responsibilities as a father, as well as a financial arrangement for the child’s monetary needs and future. The legal outcomes of such a case can have far-reaching consequences for both parties, particularly when the individuals involved are public figures with significant financial resources.

Pleadings and Prayers for Relief

In Ms. St. Clair’s pleadings against Elon Musk, Ms. St. Clair asks the Court to grant her several different forms of relief.

Of note, Ms. St. Clair requests:

• both sole and physical custody of the child, R.S.C.
• an Order directing Elon Musk to submit to a “DNA marker test” (what is often referred to a Genetic Marker Test).
• an Order of Filiation (commonly known as a paternity order) against Elon Musk establishing that he is legally the father of the child R.S.C.
• an Order of child support.

Ashley St. Clair’s Paternity Claims against Elon Musk

Paternity cases are often the first step in establishing a parent’s legal rights and obligations regarding a child. Ms. St. Clair’s case seeks to establish Musk’s legal status as the father of her child, which would then pave the way for negotiations and potentially a trial regarding custody arrangements, visitation rights, and financial support. Initially, Ms. St. Clair is seeking a Genetic Marker Test. Although it is not a required element of the case, Ms. St. Clair annexed to her petition various images, screenshots and emails establishing that Elon has, albeit informally, acknowledged that he is the father of the child, R.S.C. In doing so, Ms. St. Clair provided a photograph of Elon Musk holding a child alleged to be R.S.C., with the child’s face blurred out due to concerns regarding privacy. Similarly, Ms. St. Clair also submitted an unsigned agreement proposal that was previously tendered to Mr. Musk’s attorneys providing that if he is indeed established to be the father of the child, the child’s surname would then be changed to Musk.

Ashley St. Clair’s Custody Case Against Elon Musk

The case also raises issues of child custody, which are always decided with the best interests of the child in mind. In New York, family law courts adhere to a set of guidelines when making custody decisions, including factors such as the child’s relationship with each parent, the ability of each parent to provide for the child’s emotional and physical needs, and the stability of each parent’s home environment. Ms. St. Clair’s seeks “sole legal and physical custody” of the child but, this is not to say that she will not consent to Mr. Musk having certain visitation / parenting time with the child. Custody battles can often become contentious, especially when the parents have differing views on how the child should be raised but, such that stereotypical “custody battle” is unlikely here as both parties will likely be incentivized to settle in expeditiously fashion.

Elon Musk’s Child Support Obligations

Of course, child support is an essential aspect of any Family Law litigation and, at times, the true impetus for the filing. Ms. St. Clair’s legal submissions indicate that she is also seeking child support from Musk to cover the costs associated with raising the child. In New York, child support is determined based on a set of guidelines known as the Child Support Standards Act that take into account both parents’ income levels, the child’s needs, and other relevant factors. Mr. Musk will likely be expected to pay a monthly sum, plus costs associated with health insurance, education and potentially extracurricular costs.

In high net worth cases, such as those involving Mr. Musk, child support obligations will be substantial, and the court will assess what is reasonable based on the child’s needs, the child’s standard of living and the parents’ financial circumstances.

While this case filed by Ashley St. Clair against Elon Musk in the New York County Supreme Court is both high profile and complex financially, the issues of the paternity, custody and support case are commonplace in Family Law litigation. In all likelihood, this case will be resolved by way of confidential settlement relatively quickly as as it serves both parties to avoid lengthy and protracted financial disclosures and invasive litigation.

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