Jodie Sweetin and Cody Herpin
12/17/2008 at 09:10 PM EST
Jodie Sweetin recently underwent an emergency investigation by an Orange County, Calif., family court for allegations of substance abuse raised by her estranged husband, PEOPLE confirms.
After a hearing, a judge made a temporary ruling Wednesday that Sweetin's custody over 8-month-old daughter Zoie must only be in Sweetin's parents' home (where she currently lives) or in her parents' presence. The court also ruled the estranged couple share custody 50-50 for now.
Her estranged husband, Cody Herpin, tells PEOPLE that his "main concern" is to "keep Jodie clean and safe."
"I'm very proud of Jodie when she's sober," Herpin says. "But right now she needs to be strong and think about our daughter. She needs to be strong for our daughter. I obviously care about Jodie. Right now, she's still my wife. I still care about her and I still want her to be safe."
Herpin's lawyer, Robert Benavente, tells PEOPLE the reason for the investigation of Sweetin is "primarily alcohol [abuse] but there's also concern regarding methamphetamines."
Sweetin's lawyer strongly denies the claims. "Jodie absolutely has not relapsed into using meth," Wilma Presley tells PEOPLE. "She merely confessed to having several glasses of wine over dinner recently and felt guilty about that. She is currently in a 12-step program and is working hard on her sobriety. She wants to be clean and sober from everything."
Reached for comment, a rep for Sweetin says the actress has no further comment but adds of Sweetin: "She is really strong."
A court psychologist testified that she doesn't believe Sweetin poses a threat to the child. The next hearing in the matter is set for Feb. 9.
Sweetin, 26, filed for legal separation
from Herpin on Nov. 19, seeking joint custody of their daughter. Papers filed by the Full House
star revealed the couple faced myriad financial problems.
Herpin, 31, responded with his own filing on Dec. 4, seeking sole custody.
Benavente says that Herpin has only had "sporadic" contact with his daughter since the couple's split.
Sweetin is a recovering alcoholic and meth addict, having publicly acknowledged her two-year battle with the drug.
Jodie debuts baby Zoie and discusses meth addiction
Read about more celeb couples who called it quits