The promise of a less contentious divorce is a value proposition that most, if not all, would embrace. With the current trend in custody litigation that has resulted in nomenclature changes and revisions in custody standards, efforts to achieve that brand promise could benefit from implementation of business branding principles. In order to shift the focus away from 'winning custody' to a paradigm that promotes co-parenting and eschew labels, all of the participants in custody disputes, including lawyers and judges, but most importantly parents, must view the changes as providing a favorable benefit.
Rebranding concepts that focus on promoting an understanding of the new value proposition through social behavior marketing, allowing for an orderly transition to the new paradigm, using consistent branding across all statutes, and encouraging adoption by all stakeholders can be implemented to foster acceptance of the new value proposition. Simply adopting significant statutory revisions results in confusion by the courts, attorneys, and litigants, making it unlikely that the goals sought will be reached. Successfully rebranding custody litigation as a system to establish parenting plans and apportion parenting time without acrimony or judicial intervention can become the 'Healthy Choice' of divorcing parents. [excerpt]
Elena B. Langan, The Elimination of Child "Custody" Litigation: Using Business Branding Techniques to Transform Social Behavior, Pace L. Rev., Winter 2016, at 375, 437.