A teacher charged with incestuous abuse of her two adopted teenage sons has demanded a divorce from her husband in a filing that also discussed custody of their children. 

Amber Swain, from Pend Oreille, Washington, was arrested earlier this month after her husband Daniel launched an investigation into her alleged sexual relationship with their two sons, aged 17 and 18. 

The 35-year-old has pled not guilty to charges of incest first and second degree and second-degree sexual misconduct on June 8. She was released on a $20,000 bail and barred from having any contact with her minor children.

Just last week, the teacher-turned-adoption advocate filed to divorce her husband of nearly 16 years, alleging their marriage is 'irretrievably broken,' the Daily Mail can reveal.

Her petition included a proposed parenting plan that would see her and Daniel share custody of their four minor children, aged 16, 13, eight and five.

Swain's petition also included a declaration that neither she nor Daniel have committed a sex offense or sexually abused a child, as Swain remains innocent on the charges of incest until proven guilty. 

She denied that their children suffered abandonment, child abuse, domestic violence or assault by a parent, the petition filed in the Superior Court of Washington showed.

Yet the conditions of release filing in the criminal case against her specifically referred to her 17-year-old son as a 'child victim of sexual assault.'

Swain and Daniel were married on April 24, 2013 in their hometown of Newport, the divorce petition showed. They lived together for two years before tying the knot.

They met their now-adoptive son in 2017 while he was a student in Swain's third grade class. 

In a video posted to her Facebook page encouraging others to consider fostering and adoption, she shared how the boy came from a 'struggling' home, which impacted his academic performance.

'Throughout the year, I just grew to love him,' she said in the video, while sitting in front of folksy wooden signs bearing the words 'inspire' and 'dream' in cursive writing. 

'I saw his resilience, his potential and just grew to love him. He really inspired my husband and I to start fostering.'

Swain and Daniel applied to be foster parents and in January 2018 became carers for that boy and his little brother. 

The following year, the couple started fostering a third boy and legally adopted all three children in November 2019. They also have three biological children.

But the couple have seemingly been living separate lives for close to two years, with Swain's divorce petition noting how Daniel moved out of their shared home in September 2024. 

She has requested that the court terminate their marriage, effective from the date that Daniel moved out.

Swain has proposed that the children reside in her custody during odd years, and be with Daniel in even years.

She wants the pair to have equal financial responsibility for the children and is requesting to revert back to her maiden name, Amber Lewis.

Swain was arrested on June 2 after Daniel alerted authorities to his suspicions about her alleged relationship with their two sons.

He handed text messages over to police that helped build the case against his estranged wife, court documents obtained by the Daily Mail show.

In one of the texts, one of Swain's adopted sons told her that he wanted to sleep in her bed again, saying he wanted 'it to happen again. Just once.' 

'No,' she said. 'I love you so much,' Swain replied, according to the probable cause affidavit. 'Nothing like that is ever going to happen. You will find someone who you love being with like that and care about.'

Swain, who was previously an executive director of Spokane Angels – a nonprofit supporting children in the foster care system – is accused of beginning a sexual relationship with at least one of the boys in December last year when he was just 17. 

During subsequent forensic interviews with the boys, one of the teens alleged he'd had sex with Swain 'many times' – with the most recent encounter just two days earlier, the court documents state.

The boy said Swain had allegedly asked him, 'Should we be doing this?', during their first encounter and he responded, 'Yes'.    

The teen who messaged Swain saying he 'wanted it to happen again' told investigators he first grew suspicious that his mom was also having sex with his sibling. 

His fears mounted after he found Swain's underwear on his brother's bedroom floor and discovered the two of them locked in a room, according to the affidavit. 

He claimed he fell asleep in Swain's bed one night and woke to find her climbing in beside him, which he claimed was 'normal' for them as they had 'cuddled since he was young', the court documents state. 

'Things got handsy, that's all I'm going to say,' he said when officers probed further about the alleged incident.

He described putting his hand inside Swain's clothing and that they 'changed positions several times'.

He claimed that he touched Swain multiple times while they were in bed together, but said she stopped him a few minutes later. 

When investigators asked Swain about the same incident, she initially denied any sexual contact with her adopted son.

She later said the boy had touched her leg while she was asleep and that she froze and moved it away twice.

Eventually, she told cops she did not know why but she 'leaned in,' adding that she was 'like half asleep or something' before pushing his hand away.  

Swain initially denied the boy's allegations, but later admitted to having sex with him, the affidavit alleged.

She told investigators that they were first intimate in February, after the boy's 18th birthday, but added that she 'could have her timeline messed up,' the filing said.

No-contact orders obtained by the Daily Mail show the younger of the alleged victims was 16 at the time of Swain's arrest. 

The allegations have rocked Swain's quiet rural community, where locals, including Swain herself, enjoy the stunning Alpine scenery and wealth of outdoor pursuits on offer.

They present a terrible contrast to the image she has sought to portray of herself. 

Happy-looking photos showed the family hiking and walking through their local forests - but those images have now been tainted by the allegations against Swain. 

In the wake of her arrest, Swain was placed on administrative leave from Pend Oreille River School, the Newport School District's alternative high school.

She is due to face trial on October 6. Her attorney did not return a request for comment.

In a statement, the district said: 'While we cannot say much at this time, we can unequivocally and firmly state that we take these matters very seriously. 

'We are working closely with law enforcement as they continue their investigation into this matter.'