If a man and woman with a baby separate who live together who should leave the shared home?

I'm of old tradition and this wouldn't even be a decision in my book.

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According NYS many many years ago, neither- family court has to decide. My head was slammed into a doorway and I responded with punching him in his face/ head repeatedly. He refused to leave and when the police got there they told me if I pressed charges on him, he could too given they saw his face. It’s sickening how the system is here. I’m sure nothing has changed.