WICHITA, Kan. (KWCH) New court documents show Evan Brewer's family suspected he could be dead as early as last March and tried to get help from the court, the state, and police.
The three-year-old boy's body was found in a concrete structure in a south Wichita home Labor Day weekend.
His mother, Miranda Miller, and her boyfriend, Stephen Bodine, remain in jail on charges related to the custody battle for Evan.
Factfinder 12 has shown a number of court documents indicating Evan's family tried to track him down with no luck. This most recent document supports their battle.
March 14, 2017, Carlo Brewer, Evan's father, attends a hearing for child support.
Carlo was previously ordered to pay $170 for his son who was living with his mother, Miranda Miller, and her boyfriend, Stephen Bodine.
Brewer's attorney, Shayla Johnston argued her client should not pay the child support saying Bodine was "keeping control of the comings and goings of Miranda and the child."
She goes on to say "my client doesn't have a problem with paying child support if he knows the support is going for the child and the mother, but the mother has not been heard from. she's missing; so is the child."
At this point, Brewer hadn't heard from his son or miller in weeks.
But the court said this was a matter of child support -- not an issue of custody.
The judge said he could not "rule on anything other than what was before" him, which was simply a motion for child support.
However, he did encourage Brewer to contact Wichita police and the Kansas Department for Children and Families, something Brewer said he'd already done - adding police "went to the house. Nobody answered the door."
Carlo's attorney argued it was "an emergency situation..." and "The State of Kansas cannot collect child support for a child that we don't know is alive."
Words that are now almost haunting, knowing what happened to Evan Brewer.