Jodie Sweetin's Drug Test Is Clean in Custody Case
02/09/2009 AT 12:50 PM EST
"Her test is good, it's clear," Presley said.
Herpin also tested clear of drugs, his attorney Robert Benevente said. "Cody voluntarily took a hair follicle test and tested clean."
Both Sweetin, 27, and Herpin, 31, accompanied by their lawyers, arrived in court for a custody hearing Monday. The judge asked that the attorneys for both sides briefly meet in private before resuming the hearing.
After the hearing resumed, Sweetin's lawyer argued that the court should be sealed for Zoie's privacy. The judge postponed that issue to a Feb. 25 hearing. Presley said that by mutual agreement with Herpin, Sweetin is changing her legal separation filing to a full divorce.
Herpin has made repeated allegations in media interviews that Sweetin, a recovering meth addict and alcoholic, has abused drugs before and after their marriage and may still be a risk to their daughter Zoie, 10 months.
Sweetin told PEOPLE last month that she was "100 percent sober."
The couple currently share 50-50 custody of the child.
Sweetin filed for legal separation from Herpin on Nov. 19, seeking joint custody of their daughter. Herpin responded with his own filing on Dec. 4, seeking sole custody.