In re Marriage of Kidder-Nguyen

Full Case Summary

Case Summary: In re Marriage of Kidder-Nguyen

2025 IL App (3d) 240699 -U, Order filed: May 9, 2025, Appellate Court of Illinois, Third District.

• Petitioner-Appellee: Sarah Kidder-Nguyen
• Respondent-Appellant: Anh Nguyen

The parties married on February 5, 2011, and have two children, W.N. (born March 2013) and G.N. (born December 2014). Sarah filed for dissolution of marriage on June 30, 2023. The couple resided in Hinsdale, Illinois, with the children attending the University of Chicago Laboratory School until Sarah sought to enroll them in Fairmount Elementary School after relocating to Downers Grove.

The appeal arises from the Circuit Court of the 18th Judicial Circuit, Du Page County, with Judge Kenton J. Skarin presiding. The court appointed Andrew Cores as guardian ad litem for the children, and a bench trial was held from October 22 to 25, 2024.

The court affirmed the decision to enroll the children in Fairmount Elementary, stating that both parties had participated in school decision-making but found neutral grounds regarding their cooperation.

Cores prepared a report highlighting various factors, including children’s preferences and adjustment to various environments. Testimonies indicated the children faced significant commute challenges with early mornings and late returns while attending Lab. The court found the kids expressed some reluctance about the commute but also conveyed enjoyment of Lab School.

Sarah's income was noted at $310,000, with significant financial obligations, including student loans and credit card debts. Anh had been building a consulting business with projected earnings between $350,000 to $450,000. The court found that both parents' financial situations rendered the tuition of Lab, which ranged from $40,000 to $42,000, unaffordable.

Anh contested the court's decision to favor Fairmount over Lab, arguing that the children’s preferences were neutral and asserting that the distance and commuting challenges were incorrectly assessed. However, the circuit court deemed the factors concerning the children's needs and transportation challenges supported the decision to enroll them in a local school.

The Appellate Court found no error in the circuit court's determinations, upholding the judgment regarding the enrollment in Fairmount Elementary for the children's best interests.