A Washington state teacher, Amber Swain, who faces charges of incest and sexual misconduct involving two of her adopted teenage sons, has filed for divorce from her husband, Daniel Swain. The divorce petition, filed in the Superior Court of Washington, also includes a proposed parenting plan for the couple's four minor children.
Swain, 35, was arrested on June 2 after her husband reportedly alerted authorities to his suspicions. She pleaded not guilty on June 8 to charges of incest first and second degree and second-degree sexual misconduct. Swain was released on $20,000 bail and is currently barred from contact with her minor children. The conditions of her release explicitly referred to her 17-year-old son as a "child victim of sexual assault."
In her divorce filing, Swain alleges the marriage is "irretrievably broken" and seeks to end her nearly 16-year marriage to Daniel. She proposed a parenting plan that would grant joint custody of their four minor children, who range in age from five to 16. The petition suggests Swain would have custody during odd-numbered years, and Daniel during even-numbered years, with both parents sharing equal financial responsibility. Swain also requested to revert to her maiden name, Amber Lewis.
The divorce petition includes a declaration asserting that neither she nor Daniel have committed a sex offense or sexually abused a child. It further denies that their children experienced abandonment, abuse, domestic violence, or assault by a parent. However, court documents obtained by the Daily Mail cite text messages between Swain and one of her adopted sons that suggest an ongoing inappropriate relationship. In one message, the son stated he wanted "it to happen again. Just once." Swain reportedly replied, "No... I love you so much. Nothing like that is ever going to happen."
During forensic interviews with the boys, one of the teens alleged he had engaged in sexual activity with Swain "many times," with the most recent instance occurring two days prior to her arrest. The teen claimed that during their first encounter, Swain asked, "Should we be doing this?" and he responded, "Yes." The other teen reportedly grew suspicious after finding Swain's underwear in his brother's room and discovering them locked in a room together. This teen also described an incident where he woke to find Swain in bed with him, initiating physical contact.
Swain's initial account to investigators reportedly denied any sexual contact, but she later admitted to having sex with her adopted son, though she stated she "could have her timeline messed up." She indicated that the first intimate encounter may have occurred in February, after the boy's 18th birthday. The no-contact orders indicate that the younger of the alleged victims was 16 at the time of Swain's arrest.
Swain and Daniel married on April 24, 2013. They met their now-adopted son in 2017 when he was a student in Swain's third-grade class. Inspired by his circumstances, the couple began fostering him and his younger brother in January 2018, later fostering a third boy and legally adopting all three in November 2019. The couple also has three biological children. The divorce petition notes that Daniel moved out of their shared home in September 2024.
Prior to her arrest, Swain was an executive director for Spokane Angels, a nonprofit organization that supports children and caregivers within the foster care system. She also worked as a teacher at Pend Oreille River School, an alternative high school. She has since been placed on administrative leave from her teaching position. Swain is scheduled to appear in court for her trial on October 6. Her attorney did not respond to requests for comment.