Establishment of legal decision making is the first court determination of which parent or parents have authority to make major decisions for a child. In a dissolution case this determination is made as part of the final decree. In a paternity case it is made when the court enters the initial parenting order.

The establishment order sets the baseline from which any future modification request must depart. Once established legal decision making can only be changed through a modification proceeding showing a substantial and continuing change in circumstances.

First orders matter. Getting the initial legal decision making structure right whether joint with specific tie-breaking provisions or sole with defined parameters is worth the investment of time and thought. Vague first orders produce unclear second orders.