Do I have the right for my son since neither of us has custody?

There are not much facts to go on here, but it sounds like you two have separated but there is no written separation agreement/custody agreement or a court order in place regarding custody. If that is the case, upon separation, both parties have equal rights to the custody of the children until later agreed or set by court. So she is not technically violating anything by not returning them to you, nor would you be violating anything if you engaged in the same. That being said, it never looks good in the eyes of a judge if a parent is simply denying visitation outright for no reason, so you will definitely want to bring that up. But either way, custody/visitation will need to be resolved by a written agreement or court - you should consult an attorney to discuss how to move forward

Don't need more explanation. You need to go to court and get a custody order. If there is a guardianship in place, guardianship trumps custody. You may need to get the guardianship removed first.

Why do neither of you have custody? If you were married, you have joint custody if there isn't a court order to the contrary. If you weren't married, but have never been to court then she has sole custody. You have none until the court adjudicates you dad and gives you some rights.

The first question to be answered is whether you and the child's mother were married at the time the child was born. If not, the second question is whether you brought a legitimation action in the Superior Court. If your answer is "no" to both questions, then you have no legal rights to the child.

If there is no order both of you have equal rights. If neither of you have custody due to an order then that remains in place. Sounds like you need to consult with an attorney, you are welcome to call my office for an appointment.

Only is you are on the birth certificate do you have any rights. If you are on the birth certificate, you have an equal right to custody of the child. If you are not on the birth certificate, the only way to have any rights is to file a suit seeking to be declared the father.