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Elon Musk has been ordered to appear in a New York City court, as Ashley St. Clair sues him for sole custody of his 13th child.

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Elon Musk has been ordered to appear in a New York City court, as Ashley St. Clair sues him for sole custody of his 13th child.

Elon Musk has been ordered to appear in a New York City court, as Ashley St. Clair sues him for sole custody of his 13th child.

In a new court filing obtained by PEOPLE on Friday, Feb. 28, attorneys for St. Clair, 26, requested that Musk, 53, appear at the New York County Courthouse on May 29. Attorneys for Musk will be allowed to argue why he shouldn’t be forced to grant St. Clair sole custody of their 5-month-old child — who is referred to by his initials, R.S.C. — or why Musk shouldn’t be forced to take a paternity test.

The New York Supreme Court judge overseeing the case, Jeffrey H. Pearlman, will also hear arguments about whether or not Musk should be ordered to pay child support to St. Clair.

An attorney for St. Clair, Karen B. Rosenthal, told PEOPLE in a statement that Musk has still not accepted the court filing, either in person or via his attorneys.

“Despite requests, Mr. Musk has still not accepted service of the motion papers via his alleged attorneys, which is easy enough to do,” Rosenthal said in a statement.

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,” she added. “We don’t have anyone we can properly speak with. It’s unnecessary gamesmanship when there’s an infant involved.”

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