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

Ashley St. Clair, is an author and influencer known for her conservative political advocacy. In September of 2024, she gave birth to a son, with the initials, R.S.C. St. Clair announced on twitter that she had, in fact, given birth to Elon Musk’s 13th child after they began a “romantic relationship” in May 2023. It was then reported that St. Clair sued Musk for paternity, custody and child support in New York County Supreme Court. The case, filed on Friday, February 21, 2025, has received enormous publicity, and focuses on the legal rights and obligations of paternity, child custody, as well as financial obligations of child support. In her lawsuit, Ms. St. Clair alleges that Elon has met the child on only three occasions and that he “has had no involvement in his care and upbringing.” To date, Mr. Musk has not publicly 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 first, a legal determination of paternity, establishing Musk as the child’s father and then child support and financial arrangement for the child’s monetary needs and future.

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:

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.
both sole residential custody and physical custody 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 give rise to 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, text message screenshots (including one where Musk writes “I Want To Knock You Up Again”) 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 addresses child custody. Under New York law, issues of child custody are determined based on the best interests of the child under the totality of the circumstances. In analyzing the best interests, the Court considers 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 pleadings indicate that she is also seeking child support from Musk to cover the financial costs associated with raising the child. It should be noted that she does not request a specific sum but, instead, simply asks that child support be ordered. 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.

Potential Outcomes and Conclusion

On February 28, the Court Ordered the parties to appear on May 29 to address the petition and Musk may submit papers in opposition beforehand.

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.