She has also requested that the Tesla CEO and X owner take a paternity test, since ‘the father of the subject child has not been legally established’.
Judge Jeffrey H. Pearlman will hear arguments over whether or not Musk should be ordered to pay child support to St. Clair.
In a statement to PEOPLE, her attorney Karen B. Rosenthal said that Musk has still not accepted the court filing, either in person or through his lawyers.
His appearance would follow suits filed last week in which St. Clair asked for total custody of her son, who goes by R.S.C. in the court docs. Elon Musk has been ordered to appear in a New York City court after his baby mama Ashley St. Clair sued him over custody of their son.
In a court filing on Friday, attorneys for the 26-year-old requested that the 53-year-old DOGE chief make an appearance on May 29.
She said: ‘As a result of avoiding personal service, he has prolonged the litigation and caused unnecessary distress.
‘It should be noted that no attorney has opted in to the NYSCEF system claiming they represent Mr. Musk.’
Rosenthal added: ‘We don’t have anyone we can properly speak with. It’s unnecessary gamesmanship when there’s an infant involved.’In another filing, St. Clair’s attorneys also argue that the case’s jurisdiction should be solely in New York City, where St. Clair resides.
An email was entered as part of the evidence in the case on Friday from one of her attorneys.
It reads: ‘We want to avoid attempting service at the White House and at other sensitive locations.
‘Attempting service at the White House would, in our view, be sub-optimal optics for Elon, and Ashley would like to avoid doing this.’
The child was born in September 2024, and St. Clair says in her filing for the paternity test that she and Musk started a ‘romantic relationship in or about May 2023’. St. Clair says that Musk has only met the boy three times and that she is the only parent to make decisions on the child’s behalf.
She claims that Musk was not present for the birth of their child and hasn’t expressed any interest in having custody.
