Elon Musk has moved to seek full custody of his one-year-old son, escalating an already fraught legal battle with conservative influencer Ashley St Clair over paternity, parental rights, and the child’s upbringing. His decision followed St Clair’s recent public comments about transgender issues, which Musk claimed on X raised concerns about the baby’s welfare, even though she has not said she intends to pursue any medical intervention for the child.
The case is unfolding in the New York Supreme Court, where St Clair is seeking sole legal and physical custody while also asking the court to legally establish Musk as the child’s father. Her petitions have turned what began as a private custody and paternity fight into a high-stakes public clash over parental authority, social media rhetoric, and how culture-war debates spill into family law.
Custody Battle in New York Court
St Clair, 26, filed for paternity and custody on 21 February 2025, claiming that Musk, now 53, is the father of her son, identified in court papers as R.S.C., born in September 2024. Her filings state that their relationship began in May 2023, with conception in January 2024, although Musk has not publicly confirmed paternity. She alleges that Musk was absent at the birth and has had only limited contact with the child, reportedly meeting him on three occasions, totalling roughly three and a half hours, leaving her as the sole caregiver and decision-maker.
Her petition asks the court to issue a declaration of paternity, order genetic testing, and set child support obligations. As part of her evidence, she submitted alleged text messages and a photograph showing Musk holding the baby. A New York judge scheduled a hearing for 29 May 2025 to address the paternity claim, custody requests, and support issues.
The case has been complicated by service and jurisdiction challenges, with Musk’s legal team slow to engage fully. St Clair’s lawyers say those delays have prolonged uncertainty and added unnecessary stress.
I will be filing for full custody today, given her statements implying she might transition a one-year-old boy
— Elon Musk (@elonmusk) January 12, 2026
Transgender Remarks and Escalation
The custody battle intensified after St Clair publicly shifted her stance on transgender issues. Having previously made remarks widely criticised as transphobic, she expressed remorse and ‘immense guilt’ for any harm her earlier comments might have caused, and signalled a desire to listen to and advocate for trans communities. Musk reacted on his platform X, saying he would seek full custody in light of her statements, which he framed as implying she might ‘transition a one-year-old boy’.
There is, however, no independent record of St Clair saying she intends to pursue any form of medical transition for the child. Her recent comments focused instead on personal reflection and a change in perspective. Musk’s response plugged directly into his long and controversial history on transgender topics; his social media posts on pronouns and gender identity, along with his public remarks around his daughter Vivian Jenna Wilson’s transition in 2022, have repeatedly drawn criticism and intense online debate.
I feel immense guilt for my role. And even more guilt that things I have said in the past may have caused my son’s sister more pain. Idrk how to make amends for many of these things but I have been trying incredibly hard privately to learn + advocate for those within the trans…
— Ashley St. Clair (@stclairashley) January 11, 2026
Clashing Narratives and Legal Strategy
Both sides now present starkly different accounts of Musk’s involvement in his son’s life. St Clair’s court filings and public statements frame the case as an effort to protect the child’s best interests. She argues that she has provided consistent care while Musk has been largely absent and unresponsive to attempts at co-parenting. Her team has accused him of using delay tactics around service and jurisdiction, suggesting his legal strategy has contributed to emotional and financial strain.
Musk’s own stance has been more ambiguous. At times, he has cast doubt on his biological relationship with the child, while in other moments, he has said he supports establishing paternity and fulfilling financial obligations. He has claimed that he has already paid around £2.05 million ($2.5 million) in support, and indicated that he is willing to continue making payments of about £410,000 ($500,000) per year.
Legal observers note that custody outcomes in New York hinge on the ‘best interests of the child’ standard, considering factors such as each parent’s involvement, stability, and the emotional well-being of the child. Given the public dimension of this dispute and the high net worth of the parties, significant aspects of negotiation may occur behind closed doors or via settlement.
Broader Context and Implications
This dispute adds to the already complex picture of Musk’s family life. The billionaire has children with multiple partners and has faced repeated scrutiny over his relationships, parental involvement, and public commentary about his transgender daughter.
Supporters of St Clair argue that her legal action follows long-standing family law principles aimed at securing clarity, stability, and support for her son. Musk’s defenders present his bid for full custody as a protective step by a father worried about ideological influences on his child.
The outcome of this high-profile custody dispute is likely to shape public conversation about celebrity parental rights and how societal debates over gender identity intersect with family law in the digital age.
Originally published on IBTimes UK
