The three visits Musk had with his reported 13th child, St. Clair claims, lasted a total of three-and-a-half hours

Ashley St. Clair poses for a photo in December 2024.Elon Musk attend the inauguration of Donald Trump in the U.S. Capitol Rotunda on January 20, 2025 in Washington, DC.

Ashley St. Clair, Elon Musk. Photo: Ashley St. Clair/ X; Saul Loeb-Pool/Getty

Ashley St. Clair, the author who is suing Elon Musk for sole legal custody of an infant child they reportedly share, is claiming that the Tesla CEO has met the baby boy “only three times” since his September 2024 birth.

In St. Clair’s custody petition — which she filed with the New York Supreme Court on Friday, Feb. 21 — she alleged that she is the “only parent and caretaker” that her infant, who goes by R.S.C., “has known.” She also claimed that, “by his choice,” the baby’s alleged father Musk, 53, “was not present for the birth of our child, has had no more than three in-person visits with our child and has not expressed an interest in having custody of our child.”

According to the legal filing, Musk met R.S.C. for the first time on Sept. 21 in New York City for two hours, and then spent an hour with St. Clair and the child the following day. The CEO later saw the baby for the “next and last time” in Austin, Texas, on Nov. 30, for an encounter that lasted “only 30 minutes.”

“Respondent has never asked to see our child on any other occasion, he has never communicated to me about our child without my prompting, he has never asked for photos of our child or checked in after doctor’s appointments,” St. Claire wrote in the petition for custody.

Representatives and attorneys for Musk have not responded to PEOPLE’s request for comment.

elon musk sued by ashley st. clair

Elon Musk allegedly with R.S.C., his son with Ashley St. Clair.SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK

St. Clair also claimed in the petition that the child, whose birth she announced earlier this month, was born in New York in September. And though she alleged that Musk is R.S.C’s father, she also filed a paternity petition.

The conservative influencer said in the petition that she and Musk began a “romantic relationship in or about May 2023” and conceived the baby in January 2024. St. Clair claimed that Musk “acknowledged parentage of the child in various written correspondences,” and she included a screenshot of alleged text exchanges in the paternity filing.

St. Clair claimed that Musk acknowledged their sexual relationship in the text exchanges, including one “on or about” Nov. 24, during which he allegedly wrote, “I want to knock you up again.” Three months later, she alleged Musk texted her again: “Well, we do have a legion of kids to make.”

“Ashley St. Clair has filed paternity and custody petitions to protect the best interests of her child,” St. Clair’s representative Brian Glickich told PEOPLE in a statement on Feb. 21. “She has made every effort to collaborate with Mr. Musk before taking this step. She has no further comment on the contents of the petitions, which speak for themselves.”

Elon Musk, chief executive officer of Tesla Inc., in the Oval Office of the White House in Washington, DC, US, on Tuesday, Feb. 11, 2025.

Elon Musk speaks to reporters at the White House on Feb. 11, 2025.Aaron Schwartz/CNP/Bloomberg/Getty

St. Clair has since requested the court “issue a summons, warrant or order requiring the Respondent to show cause why the Court should not enter a declaration of paternity, an order of support and such other and further relief as may be appropriate under the circumstances.”

Karen B. Rosenthal, St. Clair’s attorney, wrote in an attorney affirmation that her firm had been “dealing with” Musk’s lawyer and rep in “an attempt to resolve this matter privately,” though she said his representative has been “nonresponsive in the past to resolve the outstanding issues.”

“… Respondent has indicated that he no longer wishes to resolve issues of custody and support amicably,” she continued.

Musk, who has welcomed 13 children (counting the alleged baby with St. Clair) with four different women, is also the head of President Donald Trump’s Department of Government Efficiency (DOGE).

Rosenthal added that due to Musk’s role in the Trump administration, serving him in the White House would not be possible, given security measures.