This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in detail, changes to Florida’s custody statutes as part of the rebranding of custody litigation. Part V examines Florida’s experience with statutory revisions by considering appellate cases and practitioner commentary since the amendments to the state’s custody statutes went into effect to identify areas that demonstrate a failure at successful rebranding. Lastly, Part VI analyzes the implications for a successful attempt to rebrand “custody” and suggests that capitalizing on the psychological and emotional responses to rebranding could aid in achieving the universal goal to reduce the animosity associated with custody litigation.
Recommended CitationElena B. Langan, The Elimination of Child “Custody” Litigation: Using Business Branding Techniques to Transform Social Behavior, 36 Pace L. Rev. 375 (2016)
Available at: https://digitalcommons.pace.edu/plr/vol36/iss2/2