The attorney for the boy's father, Carlo Brewer, told KWCH: 'We have known this child has been missing for months at that location (residence on South Vine) and it was a 3-year-old's body that was found.'
He added that Miller was asked for a DNA swab over the weekend to check the dental records.
The lawyer also told reporters how Mr Brewer had filed for a court order to protect his son from Bodine back in July.
The Wichita Eagle reports that the landlord was cleaning the house on 200 block of South Vine Saturday when he found the concrete structure and noticed an odor coming from it.
Police removed the structure and discovered the remains of a child inside.
Police say they have tentatively identified the child but the investigation is still ongoing and being deemed suspsicious, according to Officer Charley Davidson.
"We have a tentative identification on the child, but confirmation of the child's identity is being coordinated through the Sedgwick County Medical Examiner," Davidson said in a prepared statement.
"Our thoughts and prayers go out to the family of the child and others impacted by this tragic case."