In re Marriage of Kidder-Nguyen, 2025 IL App (3d) 240699-U

- Case citation and parties
In re Marriage of Kidder-Nguyen, 2025 IL App (3d) 240699-U (Ill. App. Ct., 3d Dist. May 9, 2025) (Rule 23 order; non‑precedential). Petitioner-Appellee: Sarah Kidder‑Nguyen. Respondent‑Appellant: Anh Nguyen.

- Key legal issues
Whether the trial court abused its discretion in selecting the children’s school (ordering enrollment in the Downers Grove public schools beginning Jan. 2025) after allocating equal decision‑making responsibility and reserving school choice for trial; application of the statutory factors in 750 ILCS 5/602.5 (allocation of parental responsibilities and child‑related decisionmaking).

- Holding / outcome
The appellate court affirmed the circuit court’s order requiring the parties’ two minor children to be enrolled in the Downers Grove public school system. (Affirmed; Rule 23 — not for citation as precedent except limited circumstances.)

- Significant legal reasoning (concise)
The court reviewed the trial court’s factual findings and the guardian ad litem’s (GAL) investigation and recommendation. The GAL considered the relevant 602.5 factors: children’s wishes (GAL elicited how children felt about their current school), adjustment to home/school/community (commute length, children’s long days at Lab, desire for more downtime), parental involvement and decisionmaking history, the parties’ wishes, school quality comparisons, extracurriculars/friend groups, and tuition/cost (only tangentially by GAL). Key facts credited by the court included: lengthy commutes to the University of Chicago Lab School from each parent’s home, children’s fatigue and desire for downtime, shorter travel and greater local friend/activities access with Downers Grove schools, and that Downers Grove schools were excellent (though not necessarily equal to Lab). The GAL recommended Downers Grove; the GAL also believed Anh would accept an adverse ruling (whereas Sarah might not). The appellate court concluded the trial court did not abuse its discretion in ordering enrollment in Downers Grove based on these fact‑bound findings and the statutory framework.

- Practice implications (for family law practitioners)
- School‑selection disputes are highly fact‑specific and reviewed for abuse of discretion; develop a record on each 602.5 factor (commute times, children’s stated preferences, therapist/GAL input, extracurriculars, friends, adjustment, and comparative school metrics).
- Present clear evidence on tuition/ability to pay and whether private school continuation will be sought (contributions/support requests). Courts weigh pragmatic considerations (downtime, homework, logistics) alongside academics.
- Secure and use a thorough GAL report and witness testimony (therapist, teachers) when possible — trial courts give weight to GAL findings.
- If equal decision‑making is awarded but school choice reserved, preserve specific factual findings at trial to resist reversal on appeal.