updated 01/06/2009 AT 8:00 PM ET
•originally published 01/07/2009 AT 8:00 AM ET
Jodie Sweetin and estranged husband Cody Herpin “are working hard to avoid a protracted custody battle,” the actress’s lawyer tells PEOPLE.
The former Full House star, 26, and Herpin, 31, attended their first joint mediation session this week at an Orange County, Calif., court.
“They’re trying to work things out regarding the sharing of their child,” attorney Wilma Presley says. “As far as reconciliation as a couple goes, in family law, you just never know.”
Despite recent court drama, “Jodie is doing very well,” Presley adds. “She had a very nice Christmas. She had her daughter on Christmas Eve and morning, and so far, the sharing has been smooth. There haven’t been complaints from either side.”
Presley says that Sweetin is also “working hard on sobriety attending a 12-step program,” as well as dedicating time to her book, an autobiography about her childhood stardom and personal struggles.
Calls to Herpin’s lawyer, Robert Benavente, weren’t immediately returned.
Sweetin Denied Relapse
A judge ruled at a Dec. 17 hearing that custody over their daughter, Zoie, 9 months, was to be shared 50-50, and that custodial time would take place at her parents’ home where she currently lives, or if not at home, in the presence of one of her parents.
Presley stressed this was not monitored custody, because Sweetin can drive their daughter alone to and from Herpin’s residence.
The December hearing was held after Herpin made accusations that Sweetin had relapsed into substance abuse. Sweetin, a recovering alcoholic and meth addict, admitted to having two glasses of wine recently, but denied relapsing into meth use.
The judge also ordered that both submit to drug tests before the next hearing.
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.
The couple’s next hearing is set for Feb. 9.